People v. Marte

Appellate Division of the Supreme Court of New York

People v. Marte

271 A.D.2d 349, 708 N.Y.S.2d 281, 2000 N.Y. App. Div. LEXIS 4574

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

DecidedApril 25, 2000

StatusPublished

This text of 271 A.D.2d 349 (People v. Marte) 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. Marte, 271 A.D.2d 349, 708 N.Y.S.2d 281, 2000 N.Y. App. Div. LEXIS 4574 (N.Y. Ct. App. 2000).

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Opinion

—Judgment, Supreme Court, Bronx County (Caesar Cirigliano, J.),rendered November 21, 1997, convicting defendant, after a nonjury trial, of assault in the second degree (two counts) and criminal possession of a weapon in the fourth degree, and sentencing him, as a second felony offender, to two terms of 5 years and one term of 1 year, all to run concurrently, unanimously affirmed.

[350]*350The verdict was not against the weight of the evidence. The evidence supports the court’s finding that although a reasonable doubt existed as to whether defendant had the intent to cause serious physical injury, defendant had the intent to cause physical injury.

We perceive no abuse of sentencing discretion. Concur — Williams, J. P., Mazzarelli, Rubin, Buckley and Friedman, JJ.

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—Judgment, Supreme Court, Bronx County (Caesar Cirigliano, J.),rendered November 21, 1997, convicting defendant, after a nonjury trial, of assault in the second degree (two counts) and criminal possession of a weapon in the fourth degree, and sentencing him, as a second felony offender, to two terms of 5 years and one term of 1 year, all to run concurrently, unanimously affirmed.

[350]*350The verdict was not against the weight of the evidence. The evidence supports the court’s finding that although a reasonable doubt existed as to whether defendant had the intent to cause serious physical injury, defendant had the intent to cause physical injury.

We perceive no abuse of sentencing discretion. Concur — Williams, J. P., Mazzarelli, Rubin, Buckley and Friedman, JJ.

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Bluebook (online)

271 A.D.2d 349, 708 N.Y.S.2d 281, 2000 N.Y. App. Div. LEXIS 4574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-marte-nyappdiv-2000.