People v. Syph

This is an appeal from a judgment of conviction <of assault in the third degree in violation of subdivision 1 of section 120.00 of the Penal Law in the City Court of Buffalo. The defendant was found guilty by a jury verdict and the court sentenced him to one week in the penitentiary and one year probation.

The defendant was charged with assault in the third degree and the jury came back with a verdict of “ guilty with leniency ”. Defendant claims this verdict is contrary to law, and requires a hew trial; or in the alternative he requests a modification of sentence.

Although the CPL 310.50, made…