People v. Barker

Appellate Division of the Supreme Court of New York

People v. Barker

289 A.D.2d 1036, 735 N.Y.S.2d 842, 2001 N.Y. App. Div. LEXIS 12694

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

DecidedDecember 21, 2001

StatusPublished

This text of 289 A.D.2d 1036 (People v. Barker) 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. Barker, 289 A.D.2d 1036, 735 N.Y.S.2d 842, 2001 N.Y. App. Div. LEXIS 12694 (N.Y. Ct. App. 2001).

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Opinion

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of assault in the second degree (Penal Law § 120.05 [7]) and sentencing him as a second felony offender to a determinate term of incarceration of six years. Contrary to defendant’s contention, the verdict is not against the weight of the evidence (see, People v Scavone, 284 AD2d 928, 929; People v Mike, 283 AD2d 989, lv denied 96 NY2d 904; see generally, People v Bleakley, 69 NY2d 490, 495). Given the brutality of the assault and defendant’s extensive history of violent criminal behavior, the sentence is not unduly harsh or severe. (Appeal from Judgment of Erie County Court, Drury, J. — Assault, 2nd Degree.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Kehoe and Gorski, JJ.

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Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of assault in the second degree (Penal Law § 120.05 [7]) and sentencing him as a second felony offender to a determinate term of incarceration of six years. Contrary to defendant’s contention, the verdict is not against the weight of the evidence (see, People v Scavone, 284 AD2d 928, 929; People v Mike, 283 AD2d 989, lv denied 96 NY2d 904; see generally, People v Bleakley, 69 NY2d 490, 495). Given the brutality of the assault and defendant’s extensive history of violent criminal behavior, the sentence is not unduly harsh or severe. (Appeal from Judgment of Erie County Court, Drury, J. — Assault, 2nd Degree.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Kehoe and Gorski, JJ.

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Bluebook (online)

289 A.D.2d 1036, 735 N.Y.S.2d 842, 2001 N.Y. App. Div. LEXIS 12694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-barker-nyappdiv-2001.

Opinion

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