People v. Bermudez

Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered November 3, 2005. The judgment convicted defendant, after a nonjury trial, of assault in the first degree.

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

Memorandum:

Defendant appeals from a judgment convicting him after a nonjury trial of assault in the first degree (Penal Law § 120.10 [1]). We agree with defendant that County Court erred in admitting evidence of an uncharged crime without conducting a Ventimiglia hearing. We conclude, however, that the error…