Opinion
November 15, 1995
Appeal from the Supreme Court, Erie County, Cosgrove, J.
Present — Pine, J.P., Lawton, Wesley, Callahan and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Upon our review of the record, we find no merit to the contention of defendant that the verdict convicting him of the lesser included offense of assault in the third degree is against the weight of the evidence ( see, People v Bleakley, 69 N.Y.2d 490, 495). There is likewise no merit to the contention that the sentence is harsh and excessive.