The defendant was convicted after a jury trial of assault in the second degree (Penal Law § 120.05 [2]) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01) and sentenced to concurrent terms of imprisonment of 2½ to 5 years on the assault count and one year on the weapon possession count.
The evidence satisfactorily established that the defendant, a guard in a movie theatre, struck a patron in the theatre twice on the head with...
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