Opinion
KA 05-02231.
September 22, 2006.
Appeal from a judgment of the Supreme Court, Erie County (John F. O'Donnell, J), rendered August 18, 2005. The judgment convicted defendant, after a nonjury trial, of assault in the third degree and menacing in the second degree.
THOMAS E. WEBB, JR., WILLIAMSVILLE, FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (RAYMOND C. HERMAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present — Pigott, Jr., P.J., Hurlbutt, Martoche and Green, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.