PEOPLE v. FASANO


112 A.D.2d 791 (1985)

The People of the State of New York, Appellant, v. Michael Fasano, Respondent

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

July 12, 1985


Order unanimously reversed, on the law, and verdict reinstated.

Memorandum:

We agree with the People that Trial Term erred in setting aside the jury's verdict finding defendant guilty of assault, second degree (Penal Law § 120.05 [6]), on the ground that the evidence of physical injury (Penal Law § 10.00 [9]) was insufficient as a matter of law to support the verdict. The victim testified that defendant grabbed her by the neck from behind and dragged...

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