People v. Smith

The appellant was tried upon an indictment charging her with the crime of assault in the second degree in two counts. The first count charged the alleged assault under subdivision 4 of section 242 of the Penal Law “ by the use of a blunt instrument likely to produce grievous bodily harm.” On this count, appellant was acquitted by the jury. The second count, pursuant to subdivision 3 of said section 242, charged the crime in the words: ‘ ‘ feloniously assaulted Stephen Dubisz, wounding and inflicting grievous bodily harm upon him. ’ ’ Appellant was found guilty on the second count.

We are…