PEOPLE v. TORRES


211 A.D.2d 509 (1995)

621 N.Y.S.2d 340

The People of the State of New York, Respondent, v. Freddy Torres, Appellant

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

January 19, 1995


The People's evidence established that defendant, using a child's toy baseball bat, hit his step-daughter over the head twice and her arm once, causing contusions, headaches and pain to the arm that restricted her use of the arm for a significant period of time and resulted in her absence from work for several days. The bat, under the circumstances in which it was used, was readily capable of causing serious physical injury (Penal Law § 10.00 [10], [13]), and thus satisfied...

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