People v. Kricfalusi

—Appeal from a judgment of Genesee County Court (Noonan, J.), entered January 8, 2001, convicting defendant after a jury trial of, inter alia, assault in the third degree.

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

Memorandum: We reject the contention of defendant that the evidence is legally insufficient to support his conviction of assault in the third degree (Penal Law § 120.00 [3]). The People presented proof that defendant was operating a large commercial vehicle on a wet road in excess of the posted speed limit while his ability…