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PEOPLE v. WARDEN

2015-06264. Ind. No. 2239/14.

166 A.D.3d 817 (2018)

87 N.Y.S.3d 307

2018 NY Slip Op 07762

The People of the State of New York, Respondent, v. Terrance Warden, Appellant.

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

Decided November 14, 2018.

Ordered that the judgment is affirmed.

The defendant was convicted of assault in the second degree (Penal Law § 120.05 [12]), upon a jury verdict. The victim, who suffered from dementia, did not testify at trial, and there were no eyewitnesses to the assault. However, other evidence and testimony established that the defendant and the victim were patients sharing a hospital room when the victim, who was 75 years old...

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