Opinion
April 5, 1971
Appeal by defendant from a judgment of the County Court. Suffolk County, rendered June 20, 1969, convicting him of assault in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. In our opinion, the judgment was supported by the evidence. Defendant argues that the complainant was erroneously permitted to testify as to the circumstances of a previous altercation with him. In our opinion, such an argument is without merit, since the defense counsel introduced the matter, together with defendant's version thereof, in her opening statement. Defendant's other contentions have been considered and rejected. Latham, Acting P.J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.