People v. Bones

— Judgment unanimously affirmed. Memorandum: In the course of a street altercation, defendant fired a handgun into a group of people causing serious injuries to the victim. He was indicted and convicted of assault in the first degree (Penal Law, § 120.10, subd 1) and criminal use of a firearm in the second degree (Penal Law, § 265.08). On this appeal, defendant for the first time argues that it was error to use the first degree assault charge — an armed felony — as a class C violent felony offense (Penal Law, § 70.02, subd 1, par [b]) for the purpose of establishing the necessary violent…