People v. Morris

Memorandum: Defendant appeals from a judgment convicting him, after a nonjury trial, of attempted assault in the third degree (Penal Law §§ 110.00, 120.00 [1]) and attempted assault in the second degree (§§ 110.00, 120.05 [1]), arising from two separate incidents in which he choked his girlfriend to the point that she was rendered unconscious. Contrary to defendant’s contention, the conviction is supported by legally sufficient evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). We note in particular that the victim’s breathing did not spontaneously resume after the second…