Appellate Division of the Supreme Court of the State of New York March 7, 1968 (People v. Rifenburgh)

Herlihy, J.

Appeal by the defendant from a judgment of conviction of the crime of assault in the second degree. The indictment had charged assault in the first degree but the jury convicted the defendant of the lesser charge. The defendant contends that the People failed to prove the element of intent beyond a reasonable doubt. To sustain the verdict, there must .