People v. Albizu

—Judgment, Supreme Court, New York County (Ira Beal, J.), rendered February 15, 2000, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second violent felony offender, to a term of 5V2 years, unanimously affirmed.

In this case where a critical issue was whether defendant struck the victim with a two-by-four, as claimed by the victim, or with his fist, as conceded by defendant, the court properly exercised its discretion in permitting the treating emergency room physician to testify that the injuries were caused by a flat, heavy object with at…