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PLATTSBURGH — An assault conviction in Clinton County Court has been upheld.

Eric S. Smith was convicted of third-degree assault and fourth-degree criminal mischief after a trial in August 2007.

Smith had punched the mother of his infant son and broke her cell phone in January 2007 while the pair were at a relative's home. He was later sentenced to concurrent terms of one year on each charge.

Smith argued in his appeal that there was insufficient evidence for a conviction.

But the Appellate Division of the State Supreme Court ruled that while acquittal would not have been unreasonable, the jury verdict was not against the weight of evidence.

The victim testified that Smith knocked her to the floor, causing her to momentarily lose consciousness.

The woman said she suffered bruising and pain for several days and that Smith had broken her cell phone to keep her from calling police.

A state trooper later reported seeing the woman's injuries.

Smith's mother testified on his behalf but was impeached after saying she interfered with a prior investigation of her son and for her inconsistent testimony from previous statements to law enforcement.

Smith also testified, but his statements were self serving, the justices said.

The appeals court also said Smith was not deprived of a fair trial by the victim's testimony about his prior incarceration, as he contended, because he also brought it up in his testimony.

His claim that his right to a speedy trial was violated was also dismissed, as was his claim to ineffective counsel.

E-mail Sue Botsford:
botsford@westelcom.com