Can a defendant appeal a finding that he committed assault in the third degree and harassment in the second degree?
"New York", United States of America
The following excerpt is from People v. Clergeot, 28 Misc.3d 87, 907 N.Y.S.2d 768 (N.Y. App. Term 2010):
On a prior appeal, this court reversed judgments convicting defendant of attempted assault in the third degree (Penal Law 110.00, 120.00[1] ), resisting arrest (Penal Law 205.30) and harassment in the second degree (Penal Law 240.26[1] ), and remitted the case for a new trial ( People v. Clergeot, 20 Misc.3d 87, 864 N.Y.S.2d 671 [2008] ). Following the retrial, defendant was convicted of attempted assault in the third degree and harassment in the second degree.
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