People v. Sweet

Appeal from a judgment of the County Court of Fulton County (Best, J.), rendered August 15, 1986, upon a verdict convicting defendant of the crime of assault in the second degree.

On April 12, 1985, Nick Robinson had the misfortune of leaving a bar in the City of Gloversville, Fulton County, at about the same time as a woman whose husband suspected her of "fooling around”. The woman’s husband, defendant, apparently believed that Robinson was leaving with his wife. Defendant exited the bar with a beer bottle in his hand, ran up behind Robinson and struck him near the left ear. Among other…