People v. Lindsey

Appellate Division of the Supreme Court of New York

People v. Lindsey

298 A.D.2d 112, 747 N.Y.S.2d 377, 2002 N.Y. App. Div. LEXIS 9177

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

DecidedOctober 1, 2002

StatusPublished

This text of 298 A.D.2d 112 (People v. Lindsey) 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. Lindsey, 298 A.D.2d 112, 747 N.Y.S.2d 377, 2002 N.Y. App. Div. LEXIS 9177 (N.Y. Ct. App. 2002).

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Opinion

Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered May 10, 2000, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second felony offender, to a term of six years, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility. The credible evidence clearly warranted the inference that defendant hit the victim in the head with a two-by-four piece of wood, causing injury. Concur — Williams, P.J., Mazzarelli, Sullivan, Rosenberger and Gonzalez, JJ.

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Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered May 10, 2000, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second felony offender, to a term of six years, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility. The credible evidence clearly warranted the inference that defendant hit the victim in the head with a two-by-four piece of wood, causing injury. Concur — Williams, P.J., Mazzarelli, Sullivan, Rosenberger and Gonzalez, JJ.

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Bluebook (online)

298 A.D.2d 112, 747 N.Y.S.2d 377, 2002 N.Y. App. Div. LEXIS 9177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lindsey-nyappdiv-2002.