It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Oneida County Court for further proceedings.
Memorandum: On appeal from a judgment convicting him upon a nonjury verdict of assault in the second degree (Penal Law § 120.05 [2]), defendant contends that the verdict is against the weight of the evidence because any injury to the victim was not caused by a deadly weapon and such injury did not constitute a "`[p]hysical...
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