People v. Saldana

Appellate Division of the Supreme Court of New York

People v. Saldana

7 A.D.3d 429, 776 N.Y.S.2d 480, 2004 N.Y. App. Div. LEXIS 7098

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

DecidedMay 20, 2004

StatusPublished

This text of 7 A.D.3d 429 (People v. Saldana) 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. Saldana, 7 A.D.3d 429, 776 N.Y.S.2d 480, 2004 N.Y. App. Div. LEXIS 7098 (N.Y. Ct. App. 2004).

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Opinion

Judgment, Supreme Court, Bronx County (Caesar D. Cirigliano, J.), rendered August 13, 2002, convicting defendant, after a nonjury trial, of assault in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him, as a second violent felony offender, to concurrent terms of 6 years and 1 year, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court’s determinations concerning credibility. The court had a rational basis upon which to find the victim’s excited utterance to be reliable while at the same time discrediting a contradictory portion of her testimony (see People v Fratello, 92 NY2d 565, 572-575 [1998]). The evidence established that the victim was injured while defending herself against defendant who was approaching her with a pair of scissors and thrusting them in her direction. Concur—Tom, J.P., Sullivan, Williams, Lerner and Gonzalez, JJ.

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Judgment, Supreme Court, Bronx County (Caesar D. Cirigliano, J.), rendered August 13, 2002, convicting defendant, after a nonjury trial, of assault in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him, as a second violent felony offender, to concurrent terms of 6 years and 1 year, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court’s determinations concerning credibility. The court had a rational basis upon which to find the victim’s excited utterance to be reliable while at the same time discrediting a contradictory portion of her testimony (see People v Fratello, 92 NY2d 565, 572-575 [1998]). The evidence established that the victim was injured while defending herself against defendant who was approaching her with a pair of scissors and thrusting them in her direction. Concur—Tom, J.P., Sullivan, Williams, Lerner and Gonzalez, JJ.

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Bluebook (online)

7 A.D.3d 429, 776 N.Y.S.2d 480, 2004 N.Y. App. Div. LEXIS 7098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-saldana-nyappdiv-2004.

Opinion

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