People v. Johnson

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Genesee County Court for sentencing in accordance with the following Memorandum: Pursuant to a jury verdict, defendant was found guilty of two counts of assault in the second degree (Penal Law § 120.05 [2], [7]), for causing physical injury to a fellow inmate at the Genesee County Jail by means of a dangerous instrument, to wit, defendant’s sneakers. Defendant contends that his conviction under count one of the indictment (Penal Law § 120.05 [2]) is not supported by legally sufficient evidence and is…