People v. Timmons

Appeal from a judgment of Monroe County Court (Sirkin, J.), entered April 3, 2001, convicting defendant after a jury trial of murder in the second degree.

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

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of murder in the second degree (Penal Law § 125.25 [2]). Defendant admitted at trial that he struck the victim on the back of the head with a blunt object but contended that the victim was the aggressor. We reject the contention of defendant that County…