People v. Jackson

—Appeal defendant from a judgment of the County Court, Dutchess County (Ritter, J.), rendered May 22, 1981, convicting him of assault in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Viewing the evidence in the light most favorable to the People, as we must (see, People v Contes, 60 NY2d 620), defendant’s guilt of the crime of assault in the first degree was proven beyond a reasonable doubt. Contrary to defendant’s assertions that the gun went off during a struggle, the testimony of the People’s witnesses…