People v. McKoy

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH McKOY, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 10, 1999

258 A.D.2d 950 (N.Y. App. Div. 1999)

685 N.Y.S.2d 525

Opinion

February 10, 1999

Appeal from Judgment of Ontario County Court, Harvey, J. — Assault, 2nd Degree.

Present — Hayes, J. P., Wisner, Pigott, Jr., Callahan and Balio, JJ.

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a nonjury trial of assault in the second degree (Penal Law § 120.05). The verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). Contrary to the contention of defendant, the People established that the chair used by defendant to strike the victim was a dangerous instrument within the meaning of Penal Law § 120.05 (2) ( see, People v. Carter, 53 N.Y.2d 113, 116).