PEOPLE v. WRENCH


34 A.D.2d 1055 (1970)

The People of the State of New York, Respondent, v. Theodore C. Wrench, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 29, 1970


COOKE, J.

Section 120.05 of the Penal Law, as pertinent, provides that "A person is guilty of assault in the second degree when: 1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person". The court's instructions omitted any definition or explanation of "serious physical injury" (see Penal Law, § 10.00), an element of said crime for which...

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