People v. Brown

Memorandum:

In People v Brown (72 AD3d 1558 [2010]), we previously affirmed the judgment convicting defendant following a bench trial of, inter alia, assault in the second degree (Penal Law § 120.05 [4]), i.e., reckless assault. We rejected defendant’s contention that the evidence was legally insufficient to establish that she acted recklessly (Brown, 72 AD3d 1558), but the Court of Appeals determined that the evidence was legally insufficient with respect thereto and thus modified our order by reducing the assault conviction to assault in the third degree (§ 120.00 [3]), i.e., criminally…