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People v. Lilly

209 A.D.2d 975, 619 N.Y.S.2d 985, 1994 N.Y. App. Div. LEXIS 11981
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 16, 1994
StatusPublished

This text of 209 A.D.2d 975 (People v. Lilly) 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. Lilly, 209 A.D.2d 975, 619 N.Y.S.2d 985, 1994 N.Y. App. Div. LEXIS 11981 (N.Y. Ct. App. 1994).

Opinion

—Judgment unanimously affirmed. Memorandum: Defendant made an insufficient factual showing to warrant disclosure of all "use of force” reports prepared by the arresting officer (see, Civil [976]*976Rights Law § 50-a [2]; see also, People v Gissendanner, 48 NY2d 543, 550). The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), establishes that the officer sustained "physical injury” (Penal Law § 10.00 [9]; see, People v Godbold, 207 AD2d 1008; People v Mallard, 207 AD2d 1018; People v Soto, 184 AD2d 673, lv denied 80 NY2d 910). The jury verdict finding defendant guilty of assault in the second degree (Penal Law § 120.05 [3]) and resisting arrest (Penal Law § 205.30) is not contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). (Appeal from Judgment of Onondaga County Court, Burke, J.—Assault, 2nd Degree.) Present—Den-man, P. J., Green, Balio, Wesley and Callahan, JJ.

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Related

People v. Gissendanner
399 N.E.2d 924 (New York Court of Appeals, 1979)
People v. Contes
454 N.E.2d 932 (New York Court of Appeals, 1983)
People v. Bleakley
508 N.E.2d 672 (New York Court of Appeals, 1987)
People v. Soto
184 A.D.2d 673 (Appellate Division of the Supreme Court of New York, 1992)
People v. Godbold
207 A.D.2d 1008 (Appellate Division of the Supreme Court of New York, 1994)
People v. Mallard
207 A.D.2d 1018 (Appellate Division of the Supreme Court of New York, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
209 A.D.2d 975, 619 N.Y.S.2d 985, 1994 N.Y. App. Div. LEXIS 11981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lilly-nyappdiv-1994.