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PEOPLE v. ECHEVARRIA

105 A.D.2d 753 (1984)

The People of the State of New York, Respondent, v. Hugo Echevarria, Appellant

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

November 13, 1984

Judgment affirmed.

The facts of this case support the finding that defendant intended to cause serious physical injury (assault in the first degree, Penal Law, § 120.10, subd 1). There is no reasonable view of the evidence which would have supported a finding that defendant intended to cause only physical injury within the definition of assault in the second degree (Penal Law, § 120.05, subd 2) as opposed to serious physical injury. Accordingly, the...

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