People v. McGrath

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (O’Dwyer, J.), rendered August 28, 1986, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s conviction of the crime of assault in the second degree arose out of an incident which occurred during the early morning hours of September 21, 1985. The complainant testified that the defendant hit him on the head with a beer bottle while his back was turned.

A witness for the defense, one Mitchell Lewis, who observed the incident,…