People v Asher
2012 NY Slip Op 07797 [100 AD3d 1508]
November 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


The People of the State of New York, Respondent, v Laquant K. Asher, Appellant.

—[*1] Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of counsel), for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Leslie E. Swift of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Monroe County (Joseph D. Valentino, J.), rendered August 24, 2010. The judgment convicted defendant, upon a jury verdict, of assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reducing the conviction of assault in the second degree (Penal Law § 120.05 [7]) to assault in the third degree (§ 120.00 [1]) and vacating the sentence, and as modified the judgment is affirmed and the matter is remitted to Supreme Court, Monroe County, for sentencing on the conviction of assault in the third degree (see People v Skinner, 94 AD3d 1516 [2012]). Present—Fahey, J.P., Peradotto, Carni, Whalen and Martoche, JJ. [Prior Case History: 28 Misc 3d 823.]