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PEOPLE v. HARPER

145 A.D.2d 933 (1988)

The People of the State of New York, Respondent, v. Montey Harper, Appellant

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

December 23, 1988

Judgment unanimously affirmed.

Memorandum:

The evidence of physical injury to the victim was sufficient to support defendant's conviction for assault in the third degree (cf., People v McDowell, 28 N.Y.2d 373). The victim testified that the force of defendant's blow to her eye caused her to fall to the floor. She was dazed and couldn't see out of her left eye. Her eye began to swell. Defendant himself testified...

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