People v. Spinks

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of assault in the second degree (Penal Law § 120.05 [3]). The indictment alleged that, while confined at the Orleans County Jail and with intent to prevent performance of a lawful duty, defendant struck a correction officer, causing him physical injury. Defendant contends that County Court improperly charged the jury on the defense of justification; that the evidence is insufficient to establish defendant’s intent or the correction officer’s physical injury; and that the verdict is against the weight…