People v. Price

Appellate Division of the Supreme Court of New York

People v. Price

203 A.D.2d 940, 612 N.Y.S.2d 1019, 1994 N.Y. App. Div. LEXIS 4948

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

DecidedApril 15, 1994

StatusPublished

This text of 203 A.D.2d 940 (People v. Price) 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. Price, 203 A.D.2d 940, 612 N.Y.S.2d 1019, 1994 N.Y. App. Div. LEXIS 4948 (N.Y. Ct. App. 1994).

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Opinion

—Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant contends that his conviction of two counts of assault in the second degree is not supported by legally sufficient evidence. We agree. The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620), fails to establish that defendant was the inmate who assaulted the two correction officers. The proof is sufficient, however, to support defendant’s conviction of promoting prison contraband in the first degree (see, Penal Law § 205.25 [2]).

We modify the judgment, therefore, by reversing defendant’s conviction of two counts of assault in the second degree, vacating the sentences imposed thereon and dismissing counts one and three of the indictment. (Appeal from Judgment of Wyoming County Court, Dadd, J. — Assault, 2nd Degree.) Present — Green, J. P., Pine, Lawton, Callahan and Boehm, JJ.

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—Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant contends that his conviction of two counts of assault in the second degree is not supported by legally sufficient evidence. We agree. The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620), fails to establish that defendant was the inmate who assaulted the two correction officers. The proof is sufficient, however, to support defendant’s conviction of promoting prison contraband in the first degree (see, Penal Law § 205.25 [2]).

We modify the judgment, therefore, by reversing defendant’s conviction of two counts of assault in the second degree, vacating the sentences imposed thereon and dismissing counts one and three of the indictment. (Appeal from Judgment of Wyoming County Court, Dadd, J. — Assault, 2nd Degree.) Present — Green, J. P., Pine, Lawton, Callahan and Boehm, JJ.

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Bluebook (online)

203 A.D.2d 940, 612 N.Y.S.2d 1019, 1994 N.Y. App. Div. LEXIS 4948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-price-nyappdiv-1994.

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