People v. Peacock

Appellate Division of the Supreme Court of New York

People v. Peacock

272 A.D.2d 885, 707 N.Y.S.2d 919, 2000 N.Y. App. Div. LEXIS 5283

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

DecidedMay 10, 2000

StatusPublished

This text of 272 A.D.2d 885 (People v. Peacock) 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. Peacock, 272 A.D.2d 885, 707 N.Y.S.2d 919, 2000 N.Y. App. Div. LEXIS 5283 (N.Y. Ct. App. 2000).

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Opinion

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a bench trial of assault in the second degree (Penal Law § 120.05 [1]). We reject defendant’s contention that the verdict is against the weight of the evidence. Even assuming, arguendo, that a different result would not have been unreasonable, we conclude that County Court did not fail to give the evidence the weight it should be [886]*886accorded (see, People v Bleakley, 69 NY2d 490, 495). Although defendant had no prior criminal history, the sentence of incarceration of 2 to 4 years is not unduly harsh or severe in view of the brutality of the crime and the permanent injuries suffered by the victim. (Appeal from Judgment of Onondaga County Court, Fahey, J. — Assault, 2nd Degree.) Present— Pigott, Jr., P. J., Green, Wisner and Scudder, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a bench trial of assault in the second degree (Penal Law § 120.05 [1]). We reject defendant’s contention that the verdict is against the weight of the evidence. Even assuming, arguendo, that a different result would not have been unreasonable, we conclude that County Court did not fail to give the evidence the weight it should be [886]*886accorded (see, People v Bleakley, 69 NY2d 490, 495). Although defendant had no prior criminal history, the sentence of incarceration of 2 to 4 years is not unduly harsh or severe in view of the brutality of the crime and the permanent injuries suffered by the victim. (Appeal from Judgment of Onondaga County Court, Fahey, J. — Assault, 2nd Degree.) Present— Pigott, Jr., P. J., Green, Wisner and Scudder, JJ.

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Bluebook (online)

272 A.D.2d 885, 707 N.Y.S.2d 919, 2000 N.Y. App. Div. LEXIS 5283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-peacock-nyappdiv-2000.

Opinion

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