On his appeal, defendant argues initially that the tree limb used by him to cause physical injury did not qualify, as a matter of law, as a deadly weapon or dangerous instrument (see, Penal Law § 120.05 [2]). We disagree. Defendant used the tree limb as a club to strike the victim about the face and head, and the victim sustained a broken nose, eye damage and various contusions and abrasions (see, People v Carter, ...
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