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PEOPLE v. CARRINGTON

2015-12246. Ind. No. 109/15.

155 A.D.3d 888 (2017)

63 N.Y.S.3d 710

2017 NY Slip Op 08010

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVE CARRINGTON, Appellant.

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

Decided November 15, 2017.

Ordered that the judgment is affirmed.

The defendant contends that the evidence was legally insufficient to establish his guilt of assault in the second degree beyond a reasonable doubt because the People failed to prove the identity of the object that he threw at the victim. However, the particular identity of the dangerous instrument is not an element of assault in the second degree (see Penal Law § 120.05 [2]; People v Kaid,

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