PEOPLE v. KELLY

2010-05028

114 A.D.3d 879 (2014)

980 N.Y.S.2d 791

2014 NY Slip Op 1194

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CORNELL KELLY, Appellant.

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

Decided February 19, 2014.


Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered May 5, 2010, convicting him of assault in the second degree, assault in the third degree, and petit larceny, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's argument with respect to the legal sufficiency of the evidence establishing that he used a "dangerous instrument...

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