People v. Echevarria

Appellate Division of the Supreme Court of New York

People v. Echevarria

105 A.D.2d 753, 481 N.Y.S.2d 185, 1984 N.Y. App. Div. LEXIS 20871

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

DecidedNovember 13, 1984

StatusPublished

Cited by1 cases

This text of 105 A.D.2d 753 (People v. Echevarria) 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. Echevarria, 105 A.D.2d 753, 481 N.Y.S.2d 185, 1984 N.Y. App. Div. LEXIS 20871 (N.Y. Ct. App. 1984).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered August 18, 1983, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The facts of this case support the finding that defendant intended to cause serious physical injury (assault in the first degree, Penal Law, § 120.10, subd 1). There is no reasonable view of the evidence which would have supported a finding that defendant intended to cause only physical injury within the definition of assault in the second degree (Penal Law, § 120.05, subd 2) as opposed to serious physical injury. Accordingly, the trial court’s refusal to charge second degree assault was not error (see People v Blim, 63 NY2d 718; People v Kinnard, 98 AD2d 845, affd 62 NY2d 910; People v Scarborough, 49 NY2d 364, 372-373).

We find no merit to defendant’s other contentions. Mangano, J. P., Gibbons, O’Connor and Lawrence, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered August 18, 1983, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The facts of this case support the finding that defendant intended to cause serious physical injury (assault in the first degree, Penal Law, § 120.10, subd 1). There is no reasonable view of the evidence which would have supported a finding that defendant intended to cause only physical injury within the definition of assault in the second degree (Penal Law, § 120.05, subd 2) as opposed to serious physical injury. Accordingly, the trial court’s refusal to charge second degree assault was not error (see People v Blim, 63 NY2d 718; People v Kinnard, 98 AD2d 845, affd 62 NY2d 910; People v Scarborough, 49 NY2d 364, 372-373).

We find no merit to defendant’s other contentions. Mangano, J. P., Gibbons, O’Connor and Lawrence, JJ., concur.

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Bluebook (online)

105 A.D.2d 753, 481 N.Y.S.2d 185, 1984 N.Y. App. Div. LEXIS 20871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-echevarria-nyappdiv-1984.

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