People v. Harrington

Appellate Division of the Supreme Court of New York

People v. Harrington

111 A.D.3d 521, 975 N.Y.S.2d 345

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

DecidedNovember 19, 2013

StatusPublished

This text of 111 A.D.3d 521 (People v. Harrington) 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. Harrington, 111 A.D.3d 521, 975 N.Y.S.2d 345 (N.Y. Ct. App. 2013).

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Opinion

— Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered March 29, 2012, convicting defendant, after a jury trial, of assault in the second degree (two counts) and criminal possession of a weapon in the third degree, and sentencing her, as a second violent felony offender, to an aggregate term of six years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348- 349 [2007]). There is no basis for disturbing the jury’s credibility determinations. The evidence supports the conclusion that the victim’s arm wound caused “more than slight or trivial pain” (People v Chiddick, 8 NY3d 445, 447 [2007]), thus satisfying the physical injury element. Concur — Mazzarelli, J.E, Saxe, Moskowitz, DeGrasse and Gische, JJ.

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— Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered March 29, 2012, convicting defendant, after a jury trial, of assault in the second degree (two counts) and criminal possession of a weapon in the third degree, and sentencing her, as a second violent felony offender, to an aggregate term of six years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348- 349 [2007]). There is no basis for disturbing the jury’s credibility determinations. The evidence supports the conclusion that the victim’s arm wound caused “more than slight or trivial pain” (People v Chiddick, 8 NY3d 445, 447 [2007]), thus satisfying the physical injury element. Concur — Mazzarelli, J.E, Saxe, Moskowitz, DeGrasse and Gische, JJ.

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Bluebook (online)

111 A.D.3d 521, 975 N.Y.S.2d 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-harrington-nyappdiv-2013.

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