People v. Cortijo

Appellate Division of the Supreme Court of New York

People v. Cortijo

302 A.D.2d 237, 754 N.Y.S.2d 531, 2003 N.Y. App. Div. LEXIS 1291

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

DecidedFebruary 13, 2003

StatusPublished

This text of 302 A.D.2d 237 (People v. Cortijo) 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. Cortijo, 302 A.D.2d 237, 754 N.Y.S.2d 531, 2003 N.Y. App. Div. LEXIS 1291 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, New York County (Charles Solomon, J.), rendered December 22, 1999, convicting defendant, after a nonjury trial, of assault in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 15 years to life, unanimously affirmed.

The verdict was not against the weight of the evidence. The Trial Judge could readily infer from defendant’s conduct his intent to cause physical injury, and there was no evidence that he was suffering from a psychiatric condition that impaired his ability to form that intent. There was nothing about defendant’s status as a temporary resident of a psychiatric ward awaiting a competency examination, or his behavior at that location, that cast doubt on his intent (see People v Silver, 33 NY2d 475; People v Delameter, 96 AD2d 629). Concur — Tom, J.P., Sullivan, Ellerin, Marlow and Gonzalez, JJ. [See 179 Misc 2d 178.]

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Judgment, Supreme Court, New York County (Charles Solomon, J.), rendered December 22, 1999, convicting defendant, after a nonjury trial, of assault in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 15 years to life, unanimously affirmed.

The verdict was not against the weight of the evidence. The Trial Judge could readily infer from defendant’s conduct his intent to cause physical injury, and there was no evidence that he was suffering from a psychiatric condition that impaired his ability to form that intent. There was nothing about defendant’s status as a temporary resident of a psychiatric ward awaiting a competency examination, or his behavior at that location, that cast doubt on his intent (see People v Silver, 33 NY2d 475; People v Delameter, 96 AD2d 629). Concur — Tom, J.P., Sullivan, Ellerin, Marlow and Gonzalez, JJ. [See 179 Misc 2d 178.]

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Bluebook (online)

302 A.D.2d 237, 754 N.Y.S.2d 531, 2003 N.Y. App. Div. LEXIS 1291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cortijo-nyappdiv-2003.

Opinion

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