Defendant was charged with assault in the second degree, pursuant to Penal Law § 120.05 (2), in that he allegedly struck his five-year-old daughter on the back, over her clothing, with the wire handle of a flyswatter allegedly a "dangerous instrument." A "dangerous instrument," as here pertinent, is one "which, under the circumstances in which it is used * * * is readily capable of causing * * * serious physical injury" (Penal Law § 10.00 [13]). "Serious physical...
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