People v. Mallard

—Judgment unanimously affirmed. Memorandum: There is no merit to the contentions that defendant’s conviction of assault in the second degree is not supported by legally sufficient evidence and is against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). The record establishes that, as a result of an altercation with defendant in his cell, Correction Officer Morocco was pushed backward by defendant into a cell wall and struck his head on the wall or the bed frame. Morocco was treated at the hospital for a contusion and swelling to the back of his head. Morocco testified…