PEOPLE v. GARY


87 A.D.2d 655 (1982)

The People of the State of New York, Respondent, v. Alford James Gary, Appellant

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

March 29, 1982


Judgment affirmed.

Defendant beat the child of his paramour with a belt. The blows struck by defendant resulted in bruises all over the child's body, including welts on his face, arm, back and thighs, requiring five days' hospitalization. At trial, defendant asserted the defense of justification (Penal Law, § 35.10, subd 1). The statute allows for the "use of physical force upon another person which would otherwise constitute an offense" if the person is "[a...

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