People v. Kenney

Appellate Division of the Supreme Court of New York

People v. Kenney

291 A.D.2d 331, 737 N.Y.S.2d 856, 2002 N.Y. App. Div. LEXIS 2042

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

DecidedFebruary 26, 2002

StatusPublished

Cited by3 cases

This text of 291 A.D.2d 331 (People v. Kenney) 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. Kenney, 291 A.D.2d 331, 737 N.Y.S.2d 856, 2002 N.Y. App. Div. LEXIS 2042 (N.Y. Ct. App. 2002).

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Opinion

—Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered April 15, 1999, convicting defendant, after a jury trial, of assault in the first and second degrees, and sentencing her to concurrent terms of 4 to 8 years and 3V2 to 7 years, respectively, unanimously affirmed.

Defendant’s claim that the evidence was insufficient to show that the complainant suffered a serious and permanent disfigurement, as required by Penal Law § 120.10 (2) is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find the evidence to be legally sufficient (see, People v Jackson, 267 AD2d 183, lv denied 94 NY2d 949; People v Askerneese, 256 AD2d 34, affd 93 NY2d 884). The victim received a permanent, visible scar around her eye which she chose to cover with makeup.

We perceive no basis for a reduction of sentence. Concur— Tom, J.P., Mazzarelli, Rosenberger, Ellerin and Rubin, JJ.

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—Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered April 15, 1999, convicting defendant, after a jury trial, of assault in the first and second degrees, and sentencing her to concurrent terms of 4 to 8 years and 3V2 to 7 years, respectively, unanimously affirmed.

Defendant’s claim that the evidence was insufficient to show that the complainant suffered a serious and permanent disfigurement, as required by Penal Law § 120.10 (2) is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find the evidence to be legally sufficient (see, People v Jackson, 267 AD2d 183, lv denied 94 NY2d 949; People v Askerneese, 256 AD2d 34, affd 93 NY2d 884). The victim received a permanent, visible scar around her eye which she chose to cover with makeup.

We perceive no basis for a reduction of sentence. Concur— Tom, J.P., Mazzarelli, Rosenberger, Ellerin and Rubin, JJ.

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Bluebook (online)

291 A.D.2d 331, 737 N.Y.S.2d 856, 2002 N.Y. App. Div. LEXIS 2042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kenney-nyappdiv-2002.

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