
    The People of the State of New York, Respondent, v Edward Bernard Green, Appellant.
    [828 NYS2d 226]
   Appeal from a judgment of the Monroe County Court (John J. Connell, J.), rendered October 15, 2003. The judgment convicted defendant, after a nonjury 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. Present— Hurlbutt, J.E, Gorski, Lunn, Peradotto and Green, JJ.  