People v. Adolph

Appellate Division of the Supreme Court of New York

People v. Adolph

299 A.D.2d 257, 750 N.Y.S.2d 593, 2002 N.Y. App. Div. LEXIS 11270

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 21, 2002

StatusPublished

Cited by2 cases

This text of 299 A.D.2d 257 (People v. Adolph) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Adolph, 299 A.D.2d 257, 750 N.Y.S.2d 593, 2002 N.Y. App. Div. LEXIS 11270 (N.Y. Ct. App. 2002).

Pincite

Opinion

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered April 28, 2000, convicting defendant, after a nonjury trial, of assault in the second degree, and sentencing her to a term of five years probation, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). There is no basis for disturbing the court’s credibility determinations concerning the resolution of conflicting testimony. The credible evidence clearly disproved defendant’s justification defense beyond a reasonable doubt. Reckless assault (Penal Law § 15.05 [3]; § 120.05 [4]) was established by evidence that, during an altercation in a restaurant, defendant grabbed a coffee pot that she should have reasonably expected to contain hot liquid, and threw it at the victim, causing severe burns.

We perceive no basis for reducing the sentence. Concur— Nardelli, J.P., Mazzarelli, Sullivan, Ellerin and Marlow, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered April 28, 2000, convicting defendant, after a nonjury trial, of assault in the second degree, and sentencing her to a term of five years probation, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). There is no basis for disturbing the court’s credibility determinations concerning the resolution of conflicting testimony. The credible evidence clearly disproved defendant’s justification defense beyond a reasonable doubt. Reckless assault (Penal Law § 15.05 [3]; § 120.05 [4]) was established by evidence that, during an altercation in a restaurant, defendant grabbed a coffee pot that she should have reasonably expected to contain hot liquid, and threw it at the victim, causing severe burns.

We perceive no basis for reducing the sentence. Concur— Nardelli, J.P., Mazzarelli, Sullivan, Ellerin and Marlow, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

299 A.D.2d 257, 750 N.Y.S.2d 593, 2002 N.Y. App. Div. LEXIS 11270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-adolph-nyappdiv-2002.

Opinion

Related

Cite This Page — Counsel Stack