People v. Dougherty

— Judgment unanimously affirmed. Memorandum: Defendant was convicted, following a jury trial, of assault in the first degree (Penal Law § 120.10 [2]) for severely beating his girlfriend’s brother. Defendant did not testify at trial. On appeal, defendant contends that the court erred (1) when it permitted his attorney to waive defendant’s constitutional right to testify in his own behalf; and (2) when it failed to determine whether defendant was aware of his right to testify and whether defendant intended to waive that right. There was no demonstrated impediment to defendant’s testifying in…