People v. Adomako

Appellate Division of the Supreme Court of New York

People v. Adomako

123 A.D.3d 461, 996 N.Y.S.2d 526

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

DecidedDecember 4, 2014

Docket13688

StatusPublished

This text of 123 A.D.3d 461 (People v. Adomako) 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. Adomako, 123 A.D.3d 461, 996 N.Y.S.2d 526 (N.Y. Ct. App. 2014).

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Opinion

Judgment, Supreme Court, Bronx County (Ralph Fabrizio, J., at speedy trial motion; Robert E. Torres, J., at nonjury trial and sentencing), rendered July 11, 2007, convicting defendant of attempted assault in the third degree and harassment in the second degree, and sentencing him to a term of one year’s probation, with restitution and community service, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations. The record demonstrates that the People disproved the defense of justification beyond a reasonable doubt.

Defendant’s challenges to the court’s denial of his speedy trial motion are unpreserved (see e.g. People v Luperon, 85 NY2d 71, 77-78 [1995]), and we decline to review them in the interest of justice.

Concur — Friedman, J.P., Acosta, Moskowitz, Richter and Clark, JJ.

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Judgment, Supreme Court, Bronx County (Ralph Fabrizio, J., at speedy trial motion; Robert E. Torres, J., at nonjury trial and sentencing), rendered July 11, 2007, convicting defendant of attempted assault in the third degree and harassment in the second degree, and sentencing him to a term of one year’s probation, with restitution and community service, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations. The record demonstrates that the People disproved the defense of justification beyond a reasonable doubt.

Defendant’s challenges to the court’s denial of his speedy trial motion are unpreserved (see e.g. People v Luperon, 85 NY2d 71, 77-78 [1995]), and we decline to review them in the interest of justice.

Concur — Friedman, J.P., Acosta, Moskowitz, Richter and Clark, JJ.

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Bluebook (online)

123 A.D.3d 461, 996 N.Y.S.2d 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-adomako-nyappdiv-2014.

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