Appellate Division of the Supreme Court of the State of New York December 30, 2002 (People v. Thomas)

—Appeal from a judgment of Erie County Court (Drury, J.), entered January 31, 2001, convicting defendant after a jury trial of assault in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

*1035Memorandum: Defendant appeals from a judgment convicting him following a jury trial of assault in the second degree (Penal Law § 120.