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PEOPLE v. DURKIN

303 A.D.2d 596 (2003)

756 N.Y.S.2d 490

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDERICK DURKIN, Appellant.

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

Decided March 17, 2003.

Ordered that the judgment is affirmed.

At the trial, the defendant did not dispute that he "flipped out" and "slash[ed]" a knife "back and forth facing [the complainant]." He also admitted that he "threw" a knife at her, causing it to get "stuck" in the complainant's leg. However, the defendant claimed that he was unaware that he hurt the complainant, and that he acted with justification. On appeal, he contends that the...

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