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STATE v. OVECHKA

No. 17895.

975 A.2d 1 (2009)

292 Conn. 533

STATE of Connecticut v. Paul OVECHKA.

Supreme Court of Connecticut.

Decided July 14, 2009.

Attorney(s) appearing for the Case

Margaret Gaffney Radionovas, senior assistant state's attorney, with whom, on the brief, were Jonathan C. Benedict, state's attorney, and Nicholas J. Bove, Jr., senior assistant state's attorney, for the appellant (state).

Ruth Daniella Weissman, special public defender, for the appellee (defendant).

NORCOTT, KATZ, PALMER, VERTEFEUILLE, ZARELLA, SCHALLER and McLACHLAN, Js.

NORCOTT, J.

The dispositive issue in this certified appeal is whether there was sufficient evidence for a jury to find that a person assaulted with pepper spray had suffered "`[s]erious physical injur[ies],'" as defined by General Statutes § 53a-3(4),1 that would permit the inference that the spray was a "`[d]angerous instrument,'" as defined by General Statutes § 53a-3(7).

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