PEOPLE v. WILLIAMS


147 A.D.2d 960 (1989)

The People of the State of New York, Respondent, v. Kenneth Williams, Appellant

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

February 3, 1989


Judgment unanimously affirmed.

Memorandum:

Defendant, an inmate at Auburn Correctional Facility, was convicted of assault in the second degree (Penal Law § 120.05 [3], [7]), arising from an altercation with correction officers. On appeal, defendant claims that proof of "physical injury" (Penal Law § 10.00 [9]; § 120.05) was legally insufficient to support the jury's verdict. We disagree.

Defendant bit Officer Smith on the left thumb...

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