88 A.D.2d 921 | N.Y. App. Div. | 1982
— Appeal by defendants from three judgments (one as to each of them) of the County Court, Suffolk County (Harris, J.)„ all rendered May 11, 1981, convicting each defendant of assault in the second degree, upon a jury verdict, and imposing sentences. Judgments as to defendants Hutchinson and Bruno affirmed. No opinion. As to said defendants, the matter is remitted to the County Court, Suffolk County, for further proceedings pursuant to GPL 460.50 (subd 5). Judgment as to defendant Corso reversed, on the law, and, as to said defendant, the indictment is dismissed and the case is remitted to the County Court, Suffolk County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. On May 10, 1980, defendant Steven Corso was driving eastbound on the Long Island Expressway with codefendant Brian Hutchinson and two other passengers. Codefendant Robert Bruno was driving another vehicle occupied by Salvatore Le Pore and two other passengers. Bruno cut off a third vehicle, operated by the complainant, and the complainant beeped his horn. Then, according to the complainant, Corso and Bruno forced him off the road, onto the exit ramp for Exit 60. At trial, the complainant testified that Hutchinson attacked him and knocked him unconscious. However, another witness, Donna Magun, testified that the complainant was attacked by three assailants. She identified codefendants Bruno and Hutchinson as two of those