Opinion
(1324) KA 99-05230.
November 9, 2001.
(Appeal from Judgment of Oneida County Court, Dwyer, J. — Assault, 2nd Degree.)
PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, GORSKI AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him following a jury trial of assault in the second degree (Penal Law § 120.05) and promoting prison contraband in the first degree (Penal Law § 205.25). The evidence, viewed in the light most favorable to the People ( see, People v. Contes, 60 N.Y.2d 620, 621), establishes that the correction officer who was assaulted sustained a physical injury within the meaning of Penal Law § 10.00 (9) ( see, People v. Carter, 280 A.D.2d 977, lv denied 96 N.Y.2d 860; People v. Sylvester, 254 A.D.2d 711, 712; People v. Mallard, 207 A.D.2d 1018, lv denied 84 N.Y.2d 1013). The verdict finding defendant guilty of assault is not contrary to the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). The sentence is neither unduly harsh nor severe. Finally, County Court properly denied defendant's motion to dismiss the indictment on the ground that the Grand Jury proceedings were defective. It cannot be said here that "the integrity of the proceedings [was sufficiently impaired] as to warrant dismissal of the indictment" ( People v. Huston, 88 N.Y.2d 400, 411).