People v. Irizarry

Appellate Division of the Supreme Court of New York

People v. Irizarry

51 A.D.3d 541, 857 N.Y.S.2d 566

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

DecidedMay 22, 2008

StatusPublished

This text of 51 A.D.3d 541 (People v. Irizarry) 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. Irizarry, 51 A.D.3d 541, 857 N.Y.S.2d 566 (N.Y. Ct. App. 2008).

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Opinion

Judgment, Supreme Court, Bronx County (Robert Sackett, J.), rendered November 16, 2004, convicting defendant, after a jury trial, of attempted murder in the second degree, assault in the first and second degrees, and criminal possession of a weapon in the fourth degree, and sentencing him, as a second violent felony offender, to concurrent terms of 12 years, 12 years, 6 years and 1 year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Defendant’s homicidal intent could be readily inferred from his actions (see e.g. People v Suero, 235 AD2d 357 [1997], lv denied 89 NY2d 1101 [1997]), and we reject defendant’s claim that certain testimony by prosecution witnesses undermined that inference. The element of serious physical injury required for first-degree assault was satisfied by evidence that the victim’s injuries resulted in permanent scarring, as well as a protracted impairment of his health that necessitated two separate hospitalizations.

We perceive no basis for reducing the sentence. Concur— Lippman, P.J., Andrias, Nardelli, Acosta and DeGrasse, JJ.

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Judgment, Supreme Court, Bronx County (Robert Sackett, J.), rendered November 16, 2004, convicting defendant, after a jury trial, of attempted murder in the second degree, assault in the first and second degrees, and criminal possession of a weapon in the fourth degree, and sentencing him, as a second violent felony offender, to concurrent terms of 12 years, 12 years, 6 years and 1 year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Defendant’s homicidal intent could be readily inferred from his actions (see e.g. People v Suero, 235 AD2d 357 [1997], lv denied 89 NY2d 1101 [1997]), and we reject defendant’s claim that certain testimony by prosecution witnesses undermined that inference. The element of serious physical injury required for first-degree assault was satisfied by evidence that the victim’s injuries resulted in permanent scarring, as well as a protracted impairment of his health that necessitated two separate hospitalizations.

We perceive no basis for reducing the sentence. Concur— Lippman, P.J., Andrias, Nardelli, Acosta and DeGrasse, JJ.

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Bluebook (online)

51 A.D.3d 541, 857 N.Y.S.2d 566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-irizarry-nyappdiv-2008.

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