PEOPLE v. PRICE


203 A.D.2d 940 (1994)

612 N.Y.S.2d 1019

The People of the State of New York, Respondent, v. Derrick Price, Appellant

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

April 15, 1994


Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant contends that his conviction of two counts of assault in the second degree is not supported by legally sufficient evidence. We agree. The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), fails to establish that defendant was the inmate who assaulted the two...

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