Judgment unanimously affirmed.
Memorandum:
Defendant was convicted of assault in the second degree in that "while confined in a correctional facility * * * with intent to cause physical injury to another person, he cause[d] such injury to such person" (Penal Law § 120.05 [7]). There is no merit to defendant's contention that the trial court erred by instructing the jury that, in assessing whether defendant was justified in the use of force, they should...
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