¶1Judgment unanimously affirmed. (See People v. Moyer, 27 N Y 2d 252; People v. Mussenden, 308 N. Y. 558.) (Appeal from judgment of Erie County Court convicting defendant of assault, third degree.) Present — Goldman, P. J., Del Vecchio, Witmer, Cardamone and Henry, JJ.
43 A.D.2d 891
People v. Waller
Appellate Division of the Supreme Court of the State of New York
Decided January 11, 1974
Appellate Division of the Supreme Court of the State of New York · decided 1974-01-11
Relies on People v. Mussenden
Decided 1974-01-11