Judgment modified, on the law, by reversing the conviction of assault in the second degree, vacating the sentence imposed thereon, and dismissing said count. As so modified, judgment affirmed.
The crime of assault in the second degree of which defendant was convicted requires proof of a physical injury to the victim (Penal Law, § 120.05, subd 6). Specifically subdivision 6 of section 120.05 of the Penal Law provides: "§ 120.05. Assault in the second degree...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
