People v. James K.

—Adjudication unanimously affirmed. Memorandum: Defendant appeals from an adjudication finding him guilty after a jury trial of assault in the first degree. Defendant contends that County Court erred in instructing the jury on the defense of justification, the definition of "serious physical injury” regarding the crime of assault in the first degree, and the intent element of assault in the second degree. He further contends that the sentence is harsh and excessive. We disagree.

Because the evidence presented a factual issue whether defendant was the initial aggressor in the use of deadly…