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PEOPLE v. GARLAND

No. 147 SSM 24.

32 N.Y.3d 1094 (2018)

114 N.E.3d 1071

90 N.Y.S.3d 618

2018 NY Slip Op 07927

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TAMARKQUA GARLAND, Appellant.

Court of Appeals of New York.

Decided November 20, 2018.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( David Bernstein of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( James J. Wen of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. Defendant challenges his first-degree assault convictions, arguing that the evidence against him was not legally sufficient to establish the element of "serious physical injury" (Penal Law § 120.10 [1], [3]). Serious physical injury means "physical injury which creates a substantial risk of death, or which causes...

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