PEOPLE v. ROSS


200 A.D.2d 853 (1994)

607 N.Y.S.2d 149

The People of the State of New York, Respondent, v. Carl Ross, Appellant

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

January 20, 1994


Casey, J.

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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