People v. Nunez

Appellate Division of the Supreme Court of New York

People v. Nunez

284 A.D.2d 173, 726 N.Y.S.2d 255, 2001 N.Y. App. Div. LEXIS 6189

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

DecidedJune 12, 2001

StatusPublished

This text of 284 A.D.2d 173 (People v. Nunez) 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. Nunez, 284 A.D.2d 173, 726 N.Y.S.2d 255, 2001 N.Y. App. Div. LEXIS 6189 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered May 13, 1999, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of 5 to 10 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 3 to 6 years, and otherwise affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility.

We find the sentence excessive to the extent indicated. Concur — Rosenberger, J. P., Williams, Wallach, Lerner and Friedman, JJ.

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—Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered May 13, 1999, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of 5 to 10 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 3 to 6 years, and otherwise affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility.

We find the sentence excessive to the extent indicated. Concur — Rosenberger, J. P., Williams, Wallach, Lerner and Friedman, JJ.

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Bluebook (online)

284 A.D.2d 173, 726 N.Y.S.2d 255, 2001 N.Y. App. Div. LEXIS 6189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nunez-nyappdiv-2001.