People v. Chillino

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered September 17, 1990, convicting him of assault in the first degree, criminal possession of a weapon in the second degree, and criminal mischief in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).

The evidence adduced at the trial shows that toward the end of 1988, the victim had hired the defendant to remove the debris being…