People v. Fitzpatrick

Appellate Division of the Supreme Court of New York

People v. Fitzpatrick

202 A.D.2d 1034, 610 N.Y.S.2d 921, 1994 N.Y. App. Div. LEXIS 3415

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

DecidedMarch 11, 1994

StatusPublished

This text of 202 A.D.2d 1034 (People v. Fitzpatrick) 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. Fitzpatrick, 202 A.D.2d 1034, 610 N.Y.S.2d 921, 1994 N.Y. App. Div. LEXIS 3415 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant contends that his conviction of unlawful imprisonment in the first degree is not supported by legally sufficient evidence. We agree. Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we conclude that the People failed to establish that defendant restrained the Police Chief (see, Penal Law § 135.00 [1]; § 135.10). Thus, we [1035]*1035modify the judgment by reversing defendant’s conviction of unlawful imprisonment in the first degree, vacating the sentence imposed thereon and dismissing count three of the indictment. (Appeal from Judgment of Wyoming County Court, Dadd, J. — Criminal Possession Weapon, 2nd Degree.) Present — Green, J. P., Pine, Fallon, Callahan and Boehm, JJ.

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

—Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant contends that his conviction of unlawful imprisonment in the first degree is not supported by legally sufficient evidence. We agree. Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we conclude that the People failed to establish that defendant restrained the Police Chief (see, Penal Law § 135.00 [1]; § 135.10). Thus, we [1035]*1035modify the judgment by reversing defendant’s conviction of unlawful imprisonment in the first degree, vacating the sentence imposed thereon and dismissing count three of the indictment. (Appeal from Judgment of Wyoming County Court, Dadd, J. — Criminal Possession Weapon, 2nd Degree.) Present — Green, J. P., Pine, Fallon, Callahan and Boehm, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

202 A.D.2d 1034, 610 N.Y.S.2d 921, 1994 N.Y. App. Div. LEXIS 3415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fitzpatrick-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack