Ordered that the order of disposition is affirmed, without costs or disbursements.
In this case, the presentment agency sought to prove that the complainant was intentionally assaulted by the appellant with a dangerous instrument, namely, "an object with a metal end", as alleged in the petition and counts charged (see, Penal Law § 120.10 [1]; § 10.00 [13]). The testimony during the presenting agency's case was consistent with this theory, as the complainant...
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