Opinion
July 13, 1990
Appeal from the Monroe County Court, Connell, J.
Present — Doerr, J.P., Boomer, Lawton, Davis and Lowery, JJ.
Judgment unanimously affirmed. Memorandum: Viewing the evidence in the light most favorable to the prosecution, we conclude that defendant's conviction of assault in the second degree (see, Penal Law § 120.05) is supported by legally sufficient evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, People v. Bleakley, supra, at 495). Finally, defendant's sentence was not harsh and excessive.