People v. Mingo

Appellate Division of the Supreme Court of New York

People v. Mingo

1 A.D.3d 298, 767 N.Y.S.2d 597, 2003 N.Y. App. Div. LEXIS 12518

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

DecidedNovember 25, 2003

StatusPublished

This text of 1 A.D.3d 298 (People v. Mingo) 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. Mingo, 1 A.D.3d 298, 767 N.Y.S.2d 597, 2003 N.Y. App. Div. LEXIS 12518 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered October 13, 2000, convicting defendant, after a nonjury trial, of assault in the second degree and criminal possession of a weapon in the fourth degree, and sentencing her to concurrent terms of three years and one year, respectively, unanimously affirmed.

The court’s verdict, including its rejection of defendant’s justification defense, was based on legally sufficient evidence arid was not against the weight of the evidence. There is no basis for disturbing the court’s determinations concerning credibility. There was extensive evidence supporting the element of serious physical injury required for a second-degree assault conviction under Penal Law § 120.05 (4), including evidence that defendant stabbed the victim with a large kitchen knife in the abdomen, in the chest, and completely through her arm, causing significant blood loss and keloid scarring, requiring hospitalization (see People v Gordon, 257 AD2d 533 [1999], lv denied 93 NY2d 899 [1999]; see also People v Briggs, 285 AD2d 514 [2001], lv denied 97 NY2d 679 [2001]). Furthermore, the People disproved defendant’s justification defense beyond a reasonable doubt (see People v Goetz, 68 NY2d 96 [1986]). Concur— Mazzarelli, J.E, Saxe, Williams, Lerner and Marlow, JJ.

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Judgment, Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered October 13, 2000, convicting defendant, after a nonjury trial, of assault in the second degree and criminal possession of a weapon in the fourth degree, and sentencing her to concurrent terms of three years and one year, respectively, unanimously affirmed.

The court’s verdict, including its rejection of defendant’s justification defense, was based on legally sufficient evidence arid was not against the weight of the evidence. There is no basis for disturbing the court’s determinations concerning credibility. There was extensive evidence supporting the element of serious physical injury required for a second-degree assault conviction under Penal Law § 120.05 (4), including evidence that defendant stabbed the victim with a large kitchen knife in the abdomen, in the chest, and completely through her arm, causing significant blood loss and keloid scarring, requiring hospitalization (see People v Gordon, 257 AD2d 533 [1999], lv denied 93 NY2d 899 [1999]; see also People v Briggs, 285 AD2d 514 [2001], lv denied 97 NY2d 679 [2001]). Furthermore, the People disproved defendant’s justification defense beyond a reasonable doubt (see People v Goetz, 68 NY2d 96 [1986]). Concur— Mazzarelli, J.E, Saxe, Williams, Lerner and Marlow, JJ.

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Bluebook (online)

1 A.D.3d 298, 767 N.Y.S.2d 597, 2003 N.Y. App. Div. LEXIS 12518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mingo-nyappdiv-2003.

Opinion

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