The court's decision was not against the weight of the evidence, and was supported by evidence sufficient to disprove the defense of justification beyond a reasonable doubt. "[P]hysical injury" (Penal Law § 120.05 [2]) was sufficiently established by evidence that the victim was struck twice in the head with a stick causing bruises and a cut on his forehead that required three stitches and resulted in a permanent scar, and use of a "dangerous instrument" (ibid.)<...
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