People v. Donovan

Appellate Division of the Supreme Court of New York

People v. Donovan

271 A.D.2d 453, 706 N.Y.S.2d 896, 2000 N.Y. App. Div. LEXIS 3732

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

DecidedApril 3, 2000

StatusPublished

This text of 271 A.D.2d 453 (People v. Donovan) 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. Donovan, 271 A.D.2d 453, 706 N.Y.S.2d 896, 2000 N.Y. App. Div. LEXIS 3732 (N.Y. Ct. App. 2000).

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Opinion

—Appeal by the defendant from a judgment of the County Court, Nassau County (Galasso, J.), rendered April 30, 1998, convicting him of assault in the second degree and aggravated criminal contempt, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it is legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Specifically, the evidence established that the defendant, in violation of a duly-served order of protection, of which the defendant concededly had actual knowledge, recklessly caused physical injury to the complainant, for whose protection the order was issued (see, Penal Law § 215.52). The evidence was also sufficient to establish the defendant’s guilt of assault in the second degree (see, Penal Law § 120.05 [6]). Moreover, upon the exercise of our factual review power, we find that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are without merit. Friedmann, J. P., McGinity, Luciano and Feuerstein, JJ., concur.

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—Appeal by the defendant from a judgment of the County Court, Nassau County (Galasso, J.), rendered April 30, 1998, convicting him of assault in the second degree and aggravated criminal contempt, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it is legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Specifically, the evidence established that the defendant, in violation of a duly-served order of protection, of which the defendant concededly had actual knowledge, recklessly caused physical injury to the complainant, for whose protection the order was issued (see, Penal Law § 215.52). The evidence was also sufficient to establish the defendant’s guilt of assault in the second degree (see, Penal Law § 120.05 [6]). Moreover, upon the exercise of our factual review power, we find that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are without merit. Friedmann, J. P., McGinity, Luciano and Feuerstein, JJ., concur.

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Bluebook (online)

271 A.D.2d 453, 706 N.Y.S.2d 896, 2000 N.Y. App. Div. LEXIS 3732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-donovan-nyappdiv-2000.

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