People v. Cardamone

Appellate Division of the Supreme Court of New York

People v. Cardamone

287 A.D.2d 407, 732 N.Y.S.2d 334, 2001 N.Y. App. Div. LEXIS 10135

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

DecidedOctober 30, 2001

StatusPublished

This text of 287 A.D.2d 407 (People v. Cardamone) 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. Cardamone, 287 A.D.2d 407, 732 N.Y.S.2d 334, 2001 N.Y. App. Div. LEXIS 10135 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, New York County (William Wetzel, J.), rendered March 29, 1999, convicting defendant, after a nonjury trial, of assault in the first degree, and sentencing him to a term of 5 to 10 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court’s determinations concerning credibility. Evidence properly credited by the court disproved defendant’s justification defense beyond a reasonable doubt. There was no credible evidence that defendant reasonably believed that the victim was committing or attempting to commit a robbery (see, Penal Law § 35.15 [2] [b]). Concur — Rosenberger, J. P., Williams, Tom, Ellerin and Buckley, JJ.

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—Judgment, Supreme Court, New York County (William Wetzel, J.), rendered March 29, 1999, convicting defendant, after a nonjury trial, of assault in the first degree, and sentencing him to a term of 5 to 10 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court’s determinations concerning credibility. Evidence properly credited by the court disproved defendant’s justification defense beyond a reasonable doubt. There was no credible evidence that defendant reasonably believed that the victim was committing or attempting to commit a robbery (see, Penal Law § 35.15 [2] [b]). Concur — Rosenberger, J. P., Williams, Tom, Ellerin and Buckley, JJ.

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Bluebook (online)

287 A.D.2d 407, 732 N.Y.S.2d 334, 2001 N.Y. App. Div. LEXIS 10135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cardamone-nyappdiv-2001.

Opinion

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