Appellate Division of the Supreme Court of the State of New York March 12, 1998 (People v. Fernandez)

—Spain, J.

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered May 5, 1997, upon a verdict convicting defendant of the crime of assault in the second degree.

Defendant was indicted in July 1996 for the crime of assault in the second degree (Penal Law § 120.05 [7]).