People v. Camacho

Appellate Division of the Supreme Court of New York

People v. Camacho

22 A.D.3d 367, 802 N.Y.S.2d 165

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

DecidedOctober 20, 2005

StatusPublished

Cited by2 cases

This text of 22 A.D.3d 367 (People v. Camacho) 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. Camacho, 22 A.D.3d 367, 802 N.Y.S.2d 165 (N.Y. Ct. App. 2005).

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Opinion

Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), rendered April 23, 2002, convicting defendant, after a jury trial, of attempted assault in the first degree, assault in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him to concurrent terms of nine years, seven years and one year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence (People v Bleakley, 69 NY2d 490 [1987]). Defendant’s actions, which included procuring the victim’s presence at a place where he could be attacked, assisting the principal actor in wrestling the victim to the ground, acting as a lookout as the principal actor administered numerous lacerations to the victim’s head and face with a sharp metal object, and repeatedly kicking the victim in the head and upper torso, established his accessorial liability (see People v Allah, 71 NY2d 830 [1988]; People v Peralta, 1 AD3d 115 [2003], lv denied 1 NY3d 600 [2004]; compare People v Akptotanor, 158 AD2d 694 [1990], affd 76 NY2d 1000 [1990]). The inference that defendant took part in a plan to trap and seriously injure the victim was compelling.

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

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Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), rendered April 23, 2002, convicting defendant, after a jury trial, of attempted assault in the first degree, assault in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him to concurrent terms of nine years, seven years and one year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence (People v Bleakley, 69 NY2d 490 [1987]). Defendant’s actions, which included procuring the victim’s presence at a place where he could be attacked, assisting the principal actor in wrestling the victim to the ground, acting as a lookout as the principal actor administered numerous lacerations to the victim’s head and face with a sharp metal object, and repeatedly kicking the victim in the head and upper torso, established his accessorial liability (see People v Allah, 71 NY2d 830 [1988]; People v Peralta, 1 AD3d 115 [2003], lv denied 1 NY3d 600 [2004]; compare People v Akptotanor, 158 AD2d 694 [1990], affd 76 NY2d 1000 [1990]). The inference that defendant took part in a plan to trap and seriously injure the victim was compelling.

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

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Bluebook (online)

22 A.D.3d 367, 802 N.Y.S.2d 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-camacho-nyappdiv-2005.

Opinion

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