People v. Ebron

Appellate Division of the Supreme Court of New York

People v. Ebron

267 A.D.2d 396, 700 N.Y.S.2d 731, 1999 N.Y. App. Div. LEXIS 13144

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

DecidedDecember 20, 1999

StatusPublished

This text of 267 A.D.2d 396 (People v. Ebron) 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. Ebron, 267 A.D.2d 396, 700 N.Y.S.2d 731, 1999 N.Y. App. Div. LEXIS 13144 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Appeal by the de[397]*397fendant from a judgment of the Supreme Court, Kings County (Leventhal, J.), rendered September 11, 1998, convicting him of assault in the third degree (two counts), criminal possession of a weapon in the fourth degree, endangering the welfare of a child, criminal contempt in the second degree, and harassment in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that the evidence of “physical injury” (Penal Law § 10.00 [9]) was insufficient to support his conviction for assault in the third degree is unpreserved for appellate review, as he never raised this specific issue at trial (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we are satisfied that the evidence of “substantial pain” necessary to establish “physical injury” within the meaning of Penal Law § 10.00 (9) was legally sufficient to establish the defendant’s guilt of assault in the third degree beyond a reasonable doubt (see, People v Clarke, 250 AD2d 619; People v Azadian, 195 AD2d 565). Thompson, J. P., Krausman, H. Miller and Schmidt, JJ., concur.

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

—Appeal by the de[397]*397fendant from a judgment of the Supreme Court, Kings County (Leventhal, J.), rendered September 11, 1998, convicting him of assault in the third degree (two counts), criminal possession of a weapon in the fourth degree, endangering the welfare of a child, criminal contempt in the second degree, and harassment in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that the evidence of “physical injury” (Penal Law § 10.00 [9]) was insufficient to support his conviction for assault in the third degree is unpreserved for appellate review, as he never raised this specific issue at trial (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we are satisfied that the evidence of “substantial pain” necessary to establish “physical injury” within the meaning of Penal Law § 10.00 (9) was legally sufficient to establish the defendant’s guilt of assault in the third degree beyond a reasonable doubt (see, People v Clarke, 250 AD2d 619; People v Azadian, 195 AD2d 565). Thompson, J. P., Krausman, H. Miller and Schmidt, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

267 A.D.2d 396, 700 N.Y.S.2d 731, 1999 N.Y. App. Div. LEXIS 13144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ebron-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack