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

November 16, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
LAQUANT K. ASHER, DEFENDANT-APPELLANT.



Appeal from a judgment of the Supreme Court, Monroe County (Joseph D. Valentino, J.), rendered August 24, 2010.

People v Asher

Released on November 16, 2012

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: FAHEY, J.P., PERADOTTO, CARNI, WHALEN, AND MARTOCHE, JJ.

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).

Entered: November 16, 2012

Frances E. Cafarell Clerk of the Court

20121116

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