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PEOPLE v. PIERRE-LOUIS

2013-05451, Ind. No. 5810/11.

171 A.D.3d 949 (2019)

95 N.Y.S.3d 860

2019 NY Slip Op 02724

The People of the State of New York, Respondent, v. Nickenson Pierre-Louis, Appellant.

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

Decided April 10, 2019.

Ordered that the judgment is affirmed.

The defendant's contention 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 used to inflict injury upon the complainant is without merit. The particular identity of the dangerous instrument is not an element of assault in the second degree (see Penal Law § 120.05 [2];

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