People v. Fogan

Appellate Division of the Supreme Court of New York

People v. Fogan

5 A.D.3d 1040, 773 N.Y.S.2d 702, 2004 N.Y. App. Div. LEXIS 3106

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

DecidedMarch 19, 2004

StatusPublished

This text of 5 A.D.3d 1040 (People v. Fogan) 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. Fogan, 5 A.D.3d 1040, 773 N.Y.S.2d 702, 2004 N.Y. App. Div. LEXIS 3106 (N.Y. Ct. App. 2004).

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Opinion

Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered August 27, 2001. The judgment convicted defendant, upon a jury verdict, of assault in the first degree and criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of assault in the first degree (Penal Law § 120.10 [1]) and criminal possession of a weapon in the third degree (§ 265.02 [1]). Viewing the evidence in the light most favorable to the People, we conclude that it is legally sufficient to support the conviction (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). The sentence is neither unduly harsh nor severe. Present—Pigott, Jr., P.J., Wisner, Hurlbutt, Kehoe and Lawton, JJ.

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Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered August 27, 2001. The judgment convicted defendant, upon a jury verdict, of assault in the first degree and criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of assault in the first degree (Penal Law § 120.10 [1]) and criminal possession of a weapon in the third degree (§ 265.02 [1]). Viewing the evidence in the light most favorable to the People, we conclude that it is legally sufficient to support the conviction (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). The sentence is neither unduly harsh nor severe. Present—Pigott, Jr., P.J., Wisner, Hurlbutt, Kehoe and Lawton, JJ.

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Bluebook (online)

5 A.D.3d 1040, 773 N.Y.S.2d 702, 2004 N.Y. App. Div. LEXIS 3106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fogan-nyappdiv-2004.

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