PEOPLE v. HENDERSON


305 A.D.2d 940 (2003)

759 N.Y.S.2d 817

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROOSEVELT HENDERSON, Appellant.

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

Decided May 29, 2003.


Mercure, J.

Defendant was charged in a one-count indictment with the crime of assault in the first degree. The charge arose from defendant's beating of his girlfriend's then two-year-old son, Nasir Moses. At the conclusion of a jury trial, defendant was convicted as charged. County Court thereafter sentenced defendant to a determinate prison term of 25 years with five years' postrelease supervision. Defendant now appeals.

Initially, defendant argues that County...

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