Legal Opinion

People v. Lee

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

Decided November 19, 2001Published

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Queens County *399(Rios, J.), rendered November 29, 1999, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the People failed to prove that the complainant suffered a “physical injury” within the meaning of the Penal Law as the result of being struck by a “dangerous instrument” (Penal Law § 120.05 [2]). However, viewing the evidence adduced at trial in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we…

2Cases cited3 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. WilliamsNew York Court of Appeals · 1984
  3. People v. DempseyAppellate Division of the Supreme Court of the State of New York · 1995

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