People v. Leonard

Appellate Division of the Supreme Court of New York

People v. Leonard

17 A.D.3d 1085, 793 N.Y.S.2d 802, 2005 N.Y. App. Div. LEXIS 4558

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

DecidedApril 29, 2005

StatusPublished

This text of 17 A.D.3d 1085 (People v. Leonard) 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. Leonard, 17 A.D.3d 1085, 793 N.Y.S.2d 802, 2005 N.Y. App. Div. LEXIS 4558 (N.Y. Ct. App. 2005).

Pincite

Opinion

Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.), [1086]*1086rendered February 8, 2001. The judgment convicted defendant, upon a jury verdict, of assault in the second degree, criminal possession of a weapon in the third degree and criminal mischief in the fourth 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 upon a jury verdict of assault in the second degree (Penal Law § 120.05 [2]), criminal possession of a weapon in the third degree (§ 265.02 [1]), and criminal mischief in the fourth degree (§ 145.00 [1]). “Defendant failed to preserve for our review his . . . contention that the evidence of physical injury is legally insufficient to support the conviction of assault in the second degree” (People v Coleman, 305 AD2d 1031, 1032 [2003], lv denied 100 NY2d 579 [2003]; see People v Gray, 86 NY2d 10, 19 [1995]), 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]). Contrary to defendant’s further contention, the verdict is not against the weight of the evidence (see People v Orta, 12 AD3d 1147 [2004]; see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Present—Green, J.P., Hurlbutt, Kehoe, Smith and Hayes, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.), [1086]*1086rendered February 8, 2001. The judgment convicted defendant, upon a jury verdict, of assault in the second degree, criminal possession of a weapon in the third degree and criminal mischief in the fourth 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 upon a jury verdict of assault in the second degree (Penal Law § 120.05 [2]), criminal possession of a weapon in the third degree (§ 265.02 [1]), and criminal mischief in the fourth degree (§ 145.00 [1]). “Defendant failed to preserve for our review his . . . contention that the evidence of physical injury is legally insufficient to support the conviction of assault in the second degree” (People v Coleman, 305 AD2d 1031, 1032 [2003], lv denied 100 NY2d 579 [2003]; see People v Gray, 86 NY2d 10, 19 [1995]), 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]). Contrary to defendant’s further contention, the verdict is not against the weight of the evidence (see People v Orta, 12 AD3d 1147 [2004]; see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Present—Green, J.P., Hurlbutt, Kehoe, Smith and Hayes, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

17 A.D.3d 1085, 793 N.Y.S.2d 802, 2005 N.Y. App. Div. LEXIS 4558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-leonard-nyappdiv-2005.

Opinion

Related

Cite This Page — Counsel Stack