People v. Blyden

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, following a jury trial, of assault in the second degree. This was defendant’s third trial. He was originally indicted on a charge of assault in the first degree (Penal Law § 120.10 [1]) arising out of an incident that occurred on September 8, 1976 when, following an argument, defendant struck an acquaintance in the face with a staple gun. The victim was taken by ambulance to a hospital where he was treated for a fractured jaw, several missing teeth and other facial injuries. A staple gun, with two…