Majority
p. 1062The People of the State of New York, Respondent, v Kevin J. Dixon, Appellant. [625 NYS2d 980]
—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of assault in the second degree following a bench trial. Upon our review of the record, we conclude that the verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495). Defendant’s sentence is not unduly harsh or excessive. (Appeal from Judgment of Erie County Court, D’Amico, J.—Assault, 2nd Degree.) Present—Denman, P. J., Lawton, Wesley, Doerr and Boehm, JJ.
Cases cited
- People v. Bleakley 69 NY2d 490 at 495 p. 1062