People v. Rizzo

Appellate Division of the Supreme Court of New York

People v. Rizzo

259 A.D.2d 638, 684 N.Y.S.2d 915, 1999 N.Y. App. Div. LEXIS 2428

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

DecidedMarch 15, 1999

StatusPublished

This text of 259 A.D.2d 638 (People v. Rizzo) 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. Rizzo, 259 A.D.2d 638, 684 N.Y.S.2d 915, 1999 N.Y. App. Div. LEXIS 2428 (N.Y. Ct. App. 1999).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Wade, J.), rendered November 6, 1995, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish that he stabbed the complainant with a knife is unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245; People v Mora, 207 AD2d 914). In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620; People v Allaway, 246 AD2d 661), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]). The detailed testimony of the victim and his roommate, a witness to the crime, was sufficient to sustain the judgment of conviction. Santucci, J. P., Joy, Friedmann and Goldstein, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Wade, J.), rendered November 6, 1995, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish that he stabbed the complainant with a knife is unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245; People v Mora, 207 AD2d 914). In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620; People v Allaway, 246 AD2d 661), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]). The detailed testimony of the victim and his roommate, a witness to the crime, was sufficient to sustain the judgment of conviction. Santucci, J. P., Joy, Friedmann and Goldstein, JJ., concur.

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Bluebook (online)

259 A.D.2d 638, 684 N.Y.S.2d 915, 1999 N.Y. App. Div. LEXIS 2428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rizzo-nyappdiv-1999.

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