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

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).

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PEOPLE v. McKOY
(Feb 10, 1999)