People v. Coard

Appellate Division of the Supreme Court of New York

People v. Coard

202 A.D.2d 255, 608 N.Y.S.2d 630, 1994 N.Y. App. Div. LEXIS 2279

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

DecidedMarch 10, 1994

StatusPublished

This text of 202 A.D.2d 255 (People v. Coard) 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. Coard, 202 A.D.2d 255, 608 N.Y.S.2d 630, 1994 N.Y. App. Div. LEXIS 2279 (N.Y. Ct. App. 1994).

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Opinion

—Judgment, Supreme Court, New York County (Jay Gold, J.), rendered April 2, 1992, convicting defendant, after jury trial, of assault in the second degree, and sentencing him to a term of 2 Vs to 7 years, unanimously affirmed.

Viewing the evidence in a light most favorable to the prosecution and giving it the benefit of every reasonable inference (People v Malizia, 62 NY2d 755, cert denied 469 US 932), we find that the evidence was sufficient as a matter of law to support the verdict finding defendant guilty beyond a reasonable doubt of assault in the second degree. Moreover, we find that the verdict was not against the weight of the [256]*256evidence (see, People v Bleakley, 69 NY2d 490). The issues raised by defendant concerning the credibility of the prosecution’s witnesses were properly placed before the jury, and we find no reason on the record before us to disturb its determination.

Defendant’s argument for reversal on the basis that the verdict was a "compromise” made out of sympathy for the victim, and not based on the evidence, is without merit. "Review of the entire record in an attempt to divine the jury’s collective mental process of weighing the evidence is inappropriate” (People v Tucker, 55 NY2d 1, 4). Concur — Rosenberger, J. P., Ross, Asch, Rubin and Tom, JJ.

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—Judgment, Supreme Court, New York County (Jay Gold, J.), rendered April 2, 1992, convicting defendant, after jury trial, of assault in the second degree, and sentencing him to a term of 2 Vs to 7 years, unanimously affirmed.

Viewing the evidence in a light most favorable to the prosecution and giving it the benefit of every reasonable inference (People v Malizia, 62 NY2d 755, cert denied 469 US 932), we find that the evidence was sufficient as a matter of law to support the verdict finding defendant guilty beyond a reasonable doubt of assault in the second degree. Moreover, we find that the verdict was not against the weight of the [256]*256evidence (see, People v Bleakley, 69 NY2d 490). The issues raised by defendant concerning the credibility of the prosecution’s witnesses were properly placed before the jury, and we find no reason on the record before us to disturb its determination.

Defendant’s argument for reversal on the basis that the verdict was a "compromise” made out of sympathy for the victim, and not based on the evidence, is without merit. "Review of the entire record in an attempt to divine the jury’s collective mental process of weighing the evidence is inappropriate” (People v Tucker, 55 NY2d 1, 4). Concur — Rosenberger, J. P., Ross, Asch, Rubin and Tom, JJ.

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Bluebook (online)

202 A.D.2d 255, 608 N.Y.S.2d 630, 1994 N.Y. App. Div. LEXIS 2279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-coard-nyappdiv-1994.

Opinion

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