PEOPLE v. WALLEY


296 A.D.2d 717 (2002)

745 N.Y.S.2d 283

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAKEE WALLEY, Appellant.

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

Decided July 18, 2002.


Mercure, J.P.

Defendant's convictions arise out of a February 11, 2000 occurrence at Great Meadow Correctional Facility in Washington County in which defendant repeatedly stabbed a fellow inmate about the head with a 6¼-inch sharpened Plexiglas shank. On appeal, defendant contends only that the trial evidence was legally insufficient to support the "physical injury" element of the crime of assault in the second degree (see, Penal Law § 10.00 [9];...

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