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PEOPLE v. FREY

1097 KA 18-00305.

178 A.D.3d 1402 (2019)

112 N.Y.S.3d 672

2019 NY Slip Op 09150

The People of the State of New York, Respondent, v. Jason Frey, Appellant.

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

Decided December 20, 2019.

Attorney(s) appearing for the Case

DAVISON LAW OFFICE PLLC, CANANDAIGUA (MARY P. DAVISON OF COUNSEL), FOR DEFENDANT-APPELLANT.

JAMES B. RITTS, DISTRICT ATTORNEY, CANANDAIGUA (V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Lindley, NeMoyer, Curran and Winslow, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him following a nonjury trial of assault in the second degree (Penal Law § 120.05[9]) and five counts of endangering the welfare of a child (§ 260.10[1]), defendant contends that the conviction of assault is not supported by legally sufficient evidence that the five-year-old victim sustained a physical injury within the meaning...

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