People v. Young
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that there is insufficient evidence of physical injury to sustain his conviction of assault in the second degree (Penal Law § 120.05 [2]). The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), establishes that defendant and three or four other men viciously attacked and beat the victim. The victim died of a stab wound inflicted by one of the other men during the beating. Defendant repeatedly struck the victim with a pipe or stick, resulting in blunt force…
2Cases cited5 opinions
- People v. ContesNew York Court of Appeals · 1983
- In re Philip A.New York Court of Appeals · 1980
- People v. DouglasAppellate Division of the Supreme Court of the State of New York · 1988
- People v. BaileyAppellate Division of the Supreme Court of the State of New York · 1991
- People v. GaylordAppellate Division of the Supreme Court of the State of New York · 1994