People v. Heard

Appellate Division of the Supreme Court of New York

People v. Heard

72 A.D.3d 1630, 899 N.Y.S.2d 689

Appellate Division of the Supreme Court of the State of New York·Decided April 30, 2010·Published·Cited by 2 cases

Opinion

— Appeal from a judgment of the Supreme Court, Monroe County (John J. Ark, J), rendered May 3, 2007. The judgment convicted defendant, upon a nonjury verdict, of assault in the second degree.

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

Memorandum: Defendant appeals from a judgment convicting him, upon a nonjury verdict, of assault in the second degree (Penal Law § 120.05 [2]). Defendant failed to preserve for our review his contention that the indictment is duplicitous (see People v Backus, 67 AD3d 1428, 1429 [2009], lv denied 13 NY3d 936 [2010]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Viewing the evidence in light of the elements of the crime in this nonjury trial (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Present — Martoche, J.P., Smith, Fahey, Peradotto and Green, JJ.

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— Appeal from a judgment of the Supreme Court, Monroe County (John J. Ark, J), rendered May 3, 2007. The judgment convicted defendant, upon a nonjury verdict, of assault in the second degree.

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

Memorandum: Defendant appeals from a judgment convicting him, upon a nonjury verdict, of assault in the second degree (Penal Law § 120.05 [2]). Defendant failed to preserve for our review his contention that the indictment is duplicitous (see People v Backus, 67 AD3d 1428, 1429 [2009], lv denied 13 NY3d 936 [2010]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Viewing the evidence in light of the elements of the crime in this nonjury trial (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Present — Martoche, J.P., Smith, Fahey, Peradotto and Green, JJ.

People v. Heard, 72 A.D.3d 1630, 899 N.Y.S.2d 689 (N.Y. Ct. App. 2010).

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Opinion

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