People v. Platz

Appellate Division of the Supreme Court of New York

People v. Platz

248 A.D.2d 409, 669 N.Y.S.2d 1016, 1998 N.Y. App. Div. LEXIS 2166

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

DecidedMarch 2, 1998

StatusPublished

Cited by2 cases

This text of 248 A.D.2d 409 (People v. Platz) 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. Platz, 248 A.D.2d 409, 669 N.Y.S.2d 1016, 1998 N.Y. App. Div. LEXIS 2166 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Appeal by the defendant from a judgment of the County Court, Nassau County (DeRiggi, J.), rendered July 17, 1995, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

Contrary to the defendant’s contentions, the trial court, in its jury charge, neither impermissibly amended the indictment nor allowed the People to change the theory of prosecution (see, CPL 200.50; People v Grega, 72 NY2d 489; People v Spann, 56 NY2d 469).

The defendant’s contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to support his conviction beyond a reasonable doubt.

The defendant’s remaining contentions do not provide a basis for reversal.

Sullivan, J. P., Friedmann, Florio and Luciano, JJ., concur.

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