People v. Jenkins

Appeal from a judgment of Erie County Court (D’Amico, J.), entered June 8, 2001, convicting defendant after a nonjury trial of assault in the second degree.

*1207It 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 second degree (Penal Law § 120.05 [2]). Defendant contends that the evidence is legally insufficient because the element of physical injury was not established as a matter of law. Defendant failed to move to dismiss the indictment on that…