People v. Colorio

Appellate Division of the Supreme Court of New York

People v. Colorio

16 A.D.3d 594, 792 N.Y.S.2d 138, 2005 N.Y. App. Div. LEXIS 2964

Appellate Division of the Supreme Court of the State of New York·Decided March 21, 2005·Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rappaport, J.), rendered July 23, 2002, convicting him of assault in the second degree and menacing in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The prosecutor’s failure to present evidence that one witness identified the assailant as having a scar on his face does not render the grand jury proceeding defective (see People v Mitch[595] ell, 82 NY2d 509 [1993]; People v Morris, 204 AD2d 973 [1994]; People v Perry, 187 AD2d 678 [1992]).

The defendant’s remaining contentions are without merit. Schmidt, J.P., Krausman, Rivera and Fisher, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rappaport, J.), rendered July 23, 2002, convicting him of assault in the second degree and menacing in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The prosecutor’s failure to present evidence that one witness identified the assailant as having a scar on his face does not render the grand jury proceeding defective (see People v Mitch[595] ell, 82 NY2d 509 [1993]; People v Morris, 204 AD2d 973 [1994]; People v Perry, 187 AD2d 678 [1992]).

The defendant’s remaining contentions are without merit. Schmidt, J.P., Krausman, Rivera and Fisher, JJ., concur.

People v. Colorio, 16 A.D.3d 594, 792 N.Y.S.2d 138, 2005 N.Y. App. Div. LEXIS 2964 (N.Y. Ct. App. 2005).

Pincite

16 A.D.3d 594 (People v. Colorio) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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