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PEOPLE v. DAVIS

208 A.D.2d 430 (1994)

617 N.Y.S.2d 180

The People of the State of New York, Respondent, v. Anthony Davis, Appellant

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

October 18, 1994

In its charge to the jury, the court stated that it was necessary for the prosecution to prove that defendant injured complainant by way of his fists and a blunt object to establish second degree assault (Penal Law § 120.05). While we agree that the IAS Court's charge was erroneous, the error was harmless since any confusion from the charge inured to the benefit of defendant. The evidence amply established that defendant struck...

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