Majority
p. 951The People of the State of New York, Respondent, v. Robert Blackwell, Appellant.
Memorandum: We think on this record it is clear that the defendant acted in self-defense and consequently he should not have been convicted on either count of the indictment. All concur. (Appeal from a judgment of Erie County Court, convicting defendant of the crime of assault, second degree, on two counts.) Present — MeCurn, P. J., Kimball, Piper, Wheeler and Van Duser, JJ.