People v. Conway

—Judgment unanimously affirmed. Memorandum: Defendant was convicted following a jury trial of assault in the first degree (Penal Law § 120.10 [1]) based upon his having struck his girlfriend numerous times in the head with a hammer while she was lying in bed in her apartment. Defendant was sentenced as a second felony offender to a determinate term of imprisonment of 25 years.

We reject the contention of defendant that Supreme Court erred in denying his suppression motion. The court credited the testimony of the victim that defendant did not live with her, but merely stayed overnight…