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PEOPLE v. THOMAS

5338, 5516/08

87 A.D.3d 867 (2011)

929 N.Y.S.2d 135

011 NY Slip Op 6400

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT THOMAS, Appellant.

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

Decided September 1, 2011.

The assault convictions were against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). Defendant was charged with assault in the first and second degrees (Penal Law § 120.10 [4]; § 120.05 [6]) solely on the theory that "[i]n the course of and in furtherance of the commission" of the felony of second-degree weapon possession, he caused serious physical injury or physical injury to the complainants...

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