People v. Pagan

Appellate Division of the Supreme Court of New York

People v. Pagan

281 A.D.2d 294, 722 N.Y.S.2d 150, 2001 N.Y. App. Div. LEXIS 3021

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

DecidedMarch 22, 2001

StatusPublished

Cited by2 cases

This text of 281 A.D.2d 294 (People v. Pagan) 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. Pagan, 281 A.D.2d 294, 722 N.Y.S.2d 150, 2001 N.Y. App. Div. LEXIS 3021 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered July 1, 1999, convicting defendant, after a jury trial, of assault in the first degree, and sentencing her to a term of 5 to 10 years, unanimously affirmed.

[295]*295The verdict was based on legally sufficient evidence. Defendant’s accessorial liability could be readily inferred from her words and actions during the incident, including her exhortation of a codefendant to injure the victim (see, People v Moore, 172 AD2d 855, lv denied 78 NY2d 970). Moreover, the evidence warranted an inference that defendant orchestrated the incident in retaliation for a prior altercation and enlisted the aid of persons having no other motive to attack the complainant.

We perceive no basis for reduction of sentence. Concur— Sullivan, P. J., Rosenberger, Nardelli, Tom and Mazzarelli, JJ.

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—Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered July 1, 1999, convicting defendant, after a jury trial, of assault in the first degree, and sentencing her to a term of 5 to 10 years, unanimously affirmed.

[295]*295The verdict was based on legally sufficient evidence. Defendant’s accessorial liability could be readily inferred from her words and actions during the incident, including her exhortation of a codefendant to injure the victim (see, People v Moore, 172 AD2d 855, lv denied 78 NY2d 970). Moreover, the evidence warranted an inference that defendant orchestrated the incident in retaliation for a prior altercation and enlisted the aid of persons having no other motive to attack the complainant.

We perceive no basis for reduction of sentence. Concur— Sullivan, P. J., Rosenberger, Nardelli, Tom and Mazzarelli, JJ.

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Bluebook (online)

281 A.D.2d 294, 722 N.Y.S.2d 150, 2001 N.Y. App. Div. LEXIS 3021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pagan-nyappdiv-2001.

Opinion

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