People v. Fagan

Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered November 3, 2006. The judgment convicted defendant, upon a jury verdict, of assault in the first degree, assault in the second degree (two counts) and attempted assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of, inter alia, assault in the first degree (Penal Law § 120.10 [1]) and two counts of assault in the second degree (§ 120.05 [2]). We reject the contention of…