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PEOPLE v. CUBA

154 A.D.2d 703 (1989)

The People of the State of New York, Respondent, v. Enrique Cuba, Appellant

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

October 30, 1989

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, there is no "reasonable view of the evidence" adduced at trial which would support a finding that he intended to cause only physical injury to his victim within the definition of assault in the second degree, rather than serious physical injury within the definition of assault in the first degree (People v Blim, 63 N.Y.2d 718, 720;

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