Opinion
January 20, 1994
Appeal from the County Court of Albany County (Keegan, J.).
On his appeal, defendant argues initially that the tree limb used by him to cause physical injury did not qualify, as a matter of law, as a deadly weapon or dangerous instrument (see, Penal Law § 120.05). We disagree. Defendant used the tree limb as a club to strike the victim about the face and head, and the victim sustained a broken nose, eye damage and various contusions and abrasions (see, People v. Carter, 53 N.Y.2d 113). The injuries inflicted upon the victim satisfied the requirement of physical injury under the definition prescribed in Penal Law § 10.00 (9) (see, People v. Rojas, 61 N.Y.2d 726). We find, therefore, no reason to disturb the verdict.
Furthermore, we find the sentence of 2 1/3 to 7 years in prison to be appropriate considering the nature of the offense and defendant's prior record. We have considered the arguments presented by defendant in his pro se brief and find them to be without merit. Accordingly, the judgment of conviction should, in all respects, be affirmed.
Cardona, P.J., Mercure, White and Weiss, JJ., concur. Ordered that the judgment is affirmed.