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PEOPLE v. HANSEN

203 A.D.2d 588 (1994)

610 N.Y.S.2d 617

The People of the State of New York, Respondent, v. Michael Hansen, Appellant

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

April 25, 1994

Ordered that the judgment is affirmed.

The defendant contends on appeal that the People's evidence that he kicked the victim while wearing sneakers does not suffice to establish an assault "by means of a * * * dangerous instrument" (Penal Law § 120.00 [3]; see, Penal Law § 10.00 [13]). However, upon viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620

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