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PEOPLE v. MALLARD

207 A.D.2d 1018 (1994)

617 N.Y.S.2d 73

The People of the State of New York, Respondent, v. Larry Mallard, Appellant

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

September 30, 1994

Judgment unanimously affirmed.

Memorandum:

There is no merit to the contentions that defendant's conviction of assault in the second degree is not supported by legally sufficient evidence and is against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). The record establishes that, as a result of an altercation with defendant in his cell, Correction Officer Moracco was pushed backward...

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