State v. Sivak

Opinion

DUPONT, J.

The defendant, Michael Sivak, appeals from the judgment of conviction, rendered after a jury trial, of assault in the first degree in violation of General Statutes § 53a-59 (a) (l).1 The defendant claims that the trial court improperly (1) instructed the jury on the intent element of the crime, (2) disallowed his testimony on his state of mind, (3) disallowed the cross-examination of a witness and (4) imposed an unconstitutional five year mandatory minimum sentence.2 We conclude that the court’s instruction on the intent element of § 53a-59 (a) (1) was incorrect and…