People v. Ndiaye

Appellate Division of the Supreme Court of New York

People v. Ndiaye

303 A.D.2d 185, 755 N.Y.S.2d 243, 2003 N.Y. App. Div. LEXIS 2210

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

DecidedMarch 6, 2003

StatusPublished

This text of 303 A.D.2d 185 (People v. Ndiaye) 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. Ndiaye, 303 A.D.2d 185, 755 N.Y.S.2d 243, 2003 N.Y. App. Div. LEXIS 2210 (N.Y. Ct. App. 2003).

Pincite

Opinion

Judgment, Supreme Court, New York County (John Stackhouse, J.), rendered November 20, 2000, convicting defendant, after a jury trial, of assault in the first degree, criminal possession of a weapon in the fourth degree and criminal contempt in the second degree, and sentencing her to concurrent terms of 10 years and one year, consecutive to a term of one year, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility were properly considered by the jury and there is no basis for disturbing its determinations. Evidence properly credited by the jury disproved defendant’s justification defense beyond a reasonable doubt.

We perceive no basis for reducing the sentence. Concur— Tom, J.P., Buckley, Rosenberger, Williams and Friedman, JJ.

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Judgment, Supreme Court, New York County (John Stackhouse, J.), rendered November 20, 2000, convicting defendant, after a jury trial, of assault in the first degree, criminal possession of a weapon in the fourth degree and criminal contempt in the second degree, and sentencing her to concurrent terms of 10 years and one year, consecutive to a term of one year, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility were properly considered by the jury and there is no basis for disturbing its determinations. Evidence properly credited by the jury disproved defendant’s justification defense beyond a reasonable doubt.

We perceive no basis for reducing the sentence. Concur— Tom, J.P., Buckley, Rosenberger, Williams and Friedman, JJ.

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Bluebook (online)

303 A.D.2d 185, 755 N.Y.S.2d 243, 2003 N.Y. App. Div. LEXIS 2210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ndiaye-nyappdiv-2003.