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PEOPLE v. ELLMAN

309 A.D.2d 535 (2003)

765 N.Y.S.2d 495

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL ELLMAN, Appellant.

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

Decided October 7, 2003.

The verdict was based on legally sufficient evidence. The circumstantial evidence warranted the inference that defendant banged the victim's head against a wall or other hard surface, thereby inflicting a deep head laceration (see People v Wilson, 240 A.D.2d 774 [1997], lv denied 90 N.Y.2d 899 [1997]), and that this conduct constituted the use of a dangerous instrument (see Penal...

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