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People v. Lilly

209 A.D.2d 975 Court N.Y. App. Div. Decision date 1994-11-16 English

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p. 975
The People of the State of New York, Respondent, v James M. Lilly, Appellant.
[619 NYS2d 985]

—Judgment unanimously affirmed. Memorandum: Defendant made an insufficient factual showing to warrant disclosure of all "use of force” reports prepared by the arresting officer (see, Civil

p. 976
Rights Law § 50-a [2]; see also, People v Gissendanner, 48 NY2d 543 , 550). The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620 , 621), establishes that the officer sustained "physical injury” (Penal Law § 10.00 [9]; see, People v Godbold, 207 AD2d 1008 ; People v Mallard, 207 AD2d 1018 ; People v Soto, 184 AD2d 673 , lv denied 80 NY2d 910 ). The jury verdict finding defendant guilty of assault in the second degree (Penal Law § 120.05 [3]) and resisting arrest (Penal Law § 205.30) is not contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495). (Appeal from Judgment of Onondaga County Court, Burke, J.—Assault, 2nd Degree.) Present—Den-man, P. J., Green, Balio, Wesley and Callahan, JJ.

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