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PEOPLE v. SURDAK

167 A.D.2d 436 (1990)

The People of the State of New York, Respondent, v. Eddie Surdak, Appellant

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

November 13, 1990

Ordered that the judgment is affirmed.

We disagree with the defendant's contention that he could not have formed a conscious intent to cause physical injury because of his mental illness, and therefore, that the People failed to adduce legally sufficient evidence of his guilt of assault in the first degree. Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620),

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