People v. Owusu

OPINION OF THE COURT

Wesley, J.

In this case we are called upon to decide whether an individual’s teeth can constitute a “dangerous instrument” within the meaning of Penal Law § 10.00 (13). While the use of an object to produce injury is an appropriate analytical vehicle to determine whether an object is dangerous, the statute’s ordinary meaning, its legislative history and our jurisprudence persuade us that an individual’s body part does not constitute an instrument under the statute. We therefore reverse the order of the Appellate Division.

Defendant Maxwell Owusu is charged in a 13-count…