People v. Dasney

Appellate Division of the Supreme Court of New York

People v. Dasney

126 A.D.3d 521, 4 N.Y.S.3d 611, 2015 NY Slip Op 02043, 2015 N.Y. App. Div. LEXIS 2064

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

DecidedMarch 17, 2015

Docket13814 5373/11

StatusPublished

This text of 126 A.D.3d 521 (People v. Dasney) 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. Dasney, 126 A.D.3d 521, 4 N.Y.S.3d 611, 2015 NY Slip Op 02043, 2015 N.Y. App. Div. LEXIS 2064 (N.Y. Ct. App. 2015).

Pincite

Opinion

Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered October 22, 2012, convicting defendant, after a jury trial, of attempted assault in the first degree and assault in the second degree, and sentencing her to concurrent terms of five years and three years, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determinations. The evidence supports the conclusion that although intoxicated, defendant had the intent to cause serious physical injury when she stabbed the victim in the chest. The circumstances of the crime were indicative of a deliberate attack. Moreover, immediately after the stabbing defendant engaged in purposeful efforts to cover up the crime, which provided additional support for the conclusion that defendant’s intoxication did not render her incapable of forming the requisite intent (see e.g. People v Sanchez, 298 AD2d 130 [1st Dept 2002], lv denied 98 NY2d 771 [2002]).

*522 We perceive no basis for reducing the sentence.

Concur— Tom, J.P., Friedman, Renwick, Manzanet-Daniels and Kapnick, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered October 22, 2012, convicting defendant, after a jury trial, of attempted assault in the first degree and assault in the second degree, and sentencing her to concurrent terms of five years and three years, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determinations. The evidence supports the conclusion that although intoxicated, defendant had the intent to cause serious physical injury when she stabbed the victim in the chest. The circumstances of the crime were indicative of a deliberate attack. Moreover, immediately after the stabbing defendant engaged in purposeful efforts to cover up the crime, which provided additional support for the conclusion that defendant’s intoxication did not render her incapable of forming the requisite intent (see e.g. People v Sanchez, 298 AD2d 130 [1st Dept 2002], lv denied 98 NY2d 771 [2002]).

*522 We perceive no basis for reducing the sentence.

Concur— Tom, J.P., Friedman, Renwick, Manzanet-Daniels and Kapnick, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

126 A.D.3d 521, 4 N.Y.S.3d 611, 2015 NY Slip Op 02043, 2015 N.Y. App. Div. LEXIS 2064, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dasney-nyappdiv-2015.

Opinion

Related

Cite This Page — Counsel Stack