People v. Gary

Appeal by defendant from a judgment of the County Court, Westchester County (Levine, J.), rendered March 20, 1980, convicting him of assault in the third degree, after a nonjury trial, and imposing sentence. Judgment affirmed. Defendant beat the child of his paramour with a belt. The blows struck by defendant resulted in bruises .all over the child’s body, including welts on his face, arm, back and thighs, requiring five days’ hospitalization. At trial, defendant asserted the defense of justification (Penal Law, § 35.10, subd 1). The statute allows for the “use of physical force upon another…