People v. Price

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of assault in the second degree (Penal Law § 120.05 [3]) and promoting prison contraband in the first degree (Penal Law § 205.25 [2]). The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), establishes that the correction officer who was assaulted sustained a physical injury within the meaning of Penal Law § 10.00 (9) (see, People v Carter, 280 AD2d 977, Iv denied 96 NY2d 860; People v Sylvester, 254 AD2d 711, 712; People v…