Home/Appellate Division of the Supreme Court of New York/People v. Cloen

People v. Cloen

167 A.D.2d 869, 561 N.Y.S.2d 967, 1990 N.Y. App. Div. LEXIS 14424
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 16, 1990
StatusPublished

This text of 167 A.D.2d 869 (People v. Cloen) 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. Cloen, 167 A.D.2d 869, 561 N.Y.S.2d 967, 1990 N.Y. App. Div. LEXIS 14424 (N.Y. Ct. App. 1990).

Opinions

Judgment affirmed. Memorandum: We reject defendant’s contention that his convictions were not supported by legally sufficient evidence. The victim’s testimony and a photograph of her scar established that she suffered physical injury (see, Penal Law § 10.00 [9]; Matter of Philip A., 49 NY2d 198; People v Harper, 145 AD2d 933, 934). The victim’s testimony also established that defendant intended to assault her and that she owned the couch which was the subject of the criminal mischief charge. The police officer’s testimony was sufficient to sustain defendant’s conviction for resisting arrest. We also conclude that defendant’s convictions were supported by the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Defendant’s remaining arguments were not preserved for review (see, People v Alfaro, 66 [870]*870NY2d 985, 987; People v Satloff, 56 NY2d 745) and we decline to reach them in the interest of justice.

All concur, except Lawton, J., who dissents in part and votes to modify, in accordance with the following memorandum.

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Related

In re Philip A.
400 N.E.2d 358 (New York Court of Appeals, 1980)
People v. Satloff
437 N.E.2d 271 (New York Court of Appeals, 1982)
People v. Alfaro
489 N.E.2d 1280 (New York Court of Appeals, 1985)
People v. Bleakley
508 N.E.2d 672 (New York Court of Appeals, 1987)
People v. Santiago
51 A.D.2d 1 (Appellate Division of the Supreme Court of New York, 1975)
People v. Perrin
56 A.D.2d 957 (Appellate Division of the Supreme Court of New York, 1977)
People v. McCray
61 A.D.2d 860 (Appellate Division of the Supreme Court of New York, 1978)
People v. Martinez
126 A.D.2d 942 (Appellate Division of the Supreme Court of New York, 1987)
People v. Harper
145 A.D.2d 933 (Appellate Division of the Supreme Court of New York, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
167 A.D.2d 869, 561 N.Y.S.2d 967, 1990 N.Y. App. Div. LEXIS 14424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cloen-nyappdiv-1990.