People v. Fugaro

— Appeal from a judgment of the County Court of Columbia County (Zittell, J.), rendered May 24, 1982, upon a verdict convicting defendant of the crime of assault in the third degree. Defendant was indicted for the crime of assault in the second degree in violation of subdivision 1 of section 120.05 of the Penal Law in a one-count indictment charging that, with intent to cause serious injury to another person, he did cause such injury to one Leonard Keyes by biting off a portion of his right ear. The charge arose as a result of an altercation in the parking lot of the Kinderhook Inn involving…