Legal Opinion

People v. Williams

Appellate Division of the Supreme Court of the State of New York

Decided February 3, 1989PublishedCited by 3 opinions

1Opinion of the Court

— Judgment unanimously affirmed. Memorandum: Defendant, an inmate at Auburn Correctional Facility, was convicted of assault in the second degree (Penal Law § 120.05 [3], [7]), arising from an altercation with correction officers. On appeal, defendant claims that proof of "physical injury” (Penal Law § 10.00 [9]; § 120.05) was legally insufficient to support the jury’s verdict. We disagree.

Defendant bit Officer Smith on the left thumb, causing a one-inch laceration about a quarter of an inch deep. The officer testified that it hurt "real bad” and that he felt "ex*961treme pain.” The wound was…

2Cases cited5 opinions

  1. People v. RojasNew York Court of Appeals · 1984
  2. People v. FasanoAppellate Division of the Supreme Court of the State of New York · 1985
  3. People v. AyalaNew York Supreme Court · 1981
  4. People v. StarlingAppellate Division of the Supreme Court of the State of New York · 1984
  5. People v. FifeAppellate Division of the Supreme Court of the State of New York · 1972

3Cited by3 opinions

  1. People v. MaturevitzAppellate Division of the Supreme Court of the State of New York · 1989
  2. People v. MurrayAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. BlockAppellate Division of the Supreme Court of the State of New York · 1990

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