People v. Appleby

—Appeal from a judgment of Ontario County Court (Doran, J.), entered March 16, 2001, convicting defendant after a jury trial of assault in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Contrary to the contention of defendant, the verdict convicting him of assault in the second degree (Penal Law § 120.05 [1]) is not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495). Also contrary to the contention of defendant, County Court did not err in denying his request shortly after…