People v. Davis

— Appeal from a judgment,of the Supreme Court at Trial Term (Kuhnen, J.), rendered August 25, 1981 in Broome County, upon a verdict convicting defendant of the crime of assault in the second degree. Defendant was indicted and convicted of assault in the second degree by intentionally causing serious physical injury to another person by means of a dangerous instrument, to wit, the plaster cast on his right arm. The victim, Donna Walsh, testified at the trial that on February 18,1981 she came to visit at defendant’s apartment, where she had cohabited with defendant up to a few weeks before that…