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PEOPLE v. DELVECCHIO

210 A.D.2d 345 (1994)

620 N.Y.S.2d 283

The People of the State of New York, Respondent, v. Emanuel Delvecchio, Appellant

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

December 12, 1994

Ordered that the judgment is affirmed.

The defendant contends that his guilt of assault in the first degree was not proven beyond a reasonable doubt since the complainant's injury to her shoulder did not cause protracted impairment of health and because a shoulder is not a bodily organ within the meaning of the Penal Law. We disagree. Viewing the evidence in the light most favorable to the prosecution (see, People...

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