People v. Bennett

—Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered June 11, 1992, convicting defendant, after a nonjury trial, of assault in the third degree, and sentencing him to three years probation, unanimously affirmed.

After the People’s opening statement in which two modes of assault, scalding and beating, were advanced in support of three counts charging different degrees of assault, defense counsel, arguing that the counts charging defendant with assault in the first and second degrees alleged only scalding and that the third-degree count was silent as to specific conduct, moved…