Appellate Division of the Supreme Court of the State of New York January 2, 1997 (People v. Brown)

Cardona, P. J.

Appeal from a judgment of the County Court of Tompkins County (Barrett, J.), rendered July 29, 1994, upon a verdict convicting defendant of the crime of assault in the third degree.

Defendant was charged in a three-count indictment with robbery in the second degree and two counts of assault in the third degree.