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PEOPLE v. MARSHALL

105 A.D.2d 849 (1984)

The People of the State of New York, Respondent, v. Hazel E. Marshall, Appellant

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

November 26, 1984

Judgment affirmed, and matter remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (subd 5).

On this appeal, defendant contends that there is no evidence to support her conviction of assault in the second degree, pursuant to subdivision 4 of section 120.05 of the Penal Law, which requires (all other elements of the assault being satisfied) the use of a deadly weapon or dangerous instrument...

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