People v. Hayes

Judgment unanimously affirmed. Memorandum: Defendant was convicted of assault in the second degree in that "while confined in a correctional facility * * * with intent to cause physical injury to another person, he cause[d] such injury to such person” (Penal Law § 120.05 [7]). There is no merit to defendant’s contention that the trial court erred by instructing the jury that, in assessing whether defendant was justified in the use of force, they should determine whether defendant used ordinary physical force or deadly physical force, and that if they found that the force applied constituted…