People v. Wrench

Appeal from a judgment of the County Court of Chenango County rendered November 4, 1968 upon a verdict convicting defendant of the crime of assault in the second degree. Section 120.05 of the Penal Law, as pertinent, provides that “ A person is guilty of assault in the second degree when: 1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person”. The court’s instructions omitted any definition or explanation of “ serious *1056physical injury” (see Penal Law, § 10.00), an element o£ said crime for which defendant was indicted and…