Appellate Division of the Supreme Court of the State of New York July 12, 2012 (People v. Trombley)

Kavanagh, J.

In December 2009, defendant and the victim engaged in an argument, which ended with defendant striking the victim in the face with his fist. The victim sustained two lacerations to his face, one below his lip and another below his chin. As a result, defendant was subsequently indicted and, after a jury trial, convicted of, among other things, assault in the second degree.