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PEOPLE v. SUDAN

298 A.D.2d 620 (2002)

748 N.Y.S.2d 415

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. YUSEF SUDAN, Appellant.

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

Decided October 17, 2002.

Spain, J.

Following a jury trial, defendant was convicted as charged of assault in the second degree for his actions in the City of Albany shortly after midnight on February 3, 1999 in repeatedly beating Allinden Dickson with a metal pipe and wooden crutch (see Penal Law § 120.05 [2] [intentionally causing physical injury by means of a dangerous instrument]). Dickson testified that while babysitting the child of a friend, April Griffin, in

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