PEOPLE v. WOODEN


275 A.D.2d 935 (2000)

713 N.Y.S.2d 415

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS WOODEN, Appellant.

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

Decided September 29, 2000.


Judgment unanimously affirmed.

Memorandum:

Defendant was convicting of assault in the second degree (Penal Law § 120.05 [2]) for striking the victim on the side of the head with a handgun. We reject defendant's argument that a handgun is not a dangerous instrument. A gun that is used as a bludgeon "is readily capable of causing death or other serious physical injury" (Penal Law § 10.00 [13]; see, People v Richardson, 166 A...

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