Opinion
May 2, 1996
Appeal from the Family Court, New York County (Leah Marks, J.).
Viewed in a light most favorable to the presentment agency ( Matter of Michael N., 181 A.D.2d 531), the evidence was legally sufficient to prove that appellant intended to cause physical injury to the security guard when he threw an aerosol can at him from a distance of approximately 10 feet, and that the aerosol can when used in this manner, was readily capable of causing "serious physical injury" within the meaning of Penal Law § 10.00 (10) and thus a "dangerous instrument" within the meaning of Penal Law § 10.00 (13) ( see, People v. Carter, 53 N.Y.2d 113).
Concur — Murphy, P.J., Milonas, Williams, Tom and Mazzarelli, JJ.