Appellate Division of the Supreme Court of the State of New York April 29, 2011 (People v. Kurkowski)

Appeal from a judgment of the Erie County Court (Thomas P. *1596Franczyk, J.), rendered June 22, 2010. The judgment convicted defendant, upon a nonjury verdict, of assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed and the matter is remitted to Erie County Court for proceedings pursuant to CPL 460.50 (5).