PEOPLE v. SMITH

101387.

66 A.D.3d 1223 (2009)

887 N.Y.S.2d 366

2009 NY Slip Op 7691

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC S. SMITH, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided October 29, 2009.


McCARTHY, J.

After a jury trial, defendant was convicted of assault in the third degree and criminal mischief in the fourth degree and acquitted of endangering the welfare of a child upon evidence that, on or about January 23, 2007, he punched the mother of his infant daughter and then broke her cell phone in half after a dispute at the home of defendant's mother. Defendant was sentenced to a term of incarceration of one year for each conviction, to run concurrently...

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