People v. Simpkins

Appellate Division of the Supreme Court of New York

People v. Simpkins

284 A.D.2d 185, 728 N.Y.S.2d 432, 2001 N.Y. App. Div. LEXIS 6184

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

DecidedJune 14, 2001

StatusPublished

This text of 284 A.D.2d 185 (People v. Simpkins) 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. Simpkins, 284 A.D.2d 185, 728 N.Y.S.2d 432, 2001 N.Y. App. Div. LEXIS 6184 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, New York County (George Daniels, J.), rendered June 29, 1998, convicting defendant, after a nonjury trial, of assault in the second degree, endangering the welfare of a child, and criminal possession of a weapon in the fourth degree, and sentencing her, as a second violent felony offender, to concurrent terms of 5 years, 1 year and 1 year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court’s determinations concerning credibility (see, People v Gaimari, 176 NY 84, 94). The credible evidence, including evidence that defendant acted as the initial aggressor, and that defendant stabbed the adult victim in the back and provided beer to the child victim, clearly established the elements of each of the crimes of which defendant was convicted and disproved defendant’s justification defense. Concur — Nardelli, J. P., Tom, Ellerin, Buckley and Marlow, JJ.

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—Judgment, Supreme Court, New York County (George Daniels, J.), rendered June 29, 1998, convicting defendant, after a nonjury trial, of assault in the second degree, endangering the welfare of a child, and criminal possession of a weapon in the fourth degree, and sentencing her, as a second violent felony offender, to concurrent terms of 5 years, 1 year and 1 year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court’s determinations concerning credibility (see, People v Gaimari, 176 NY 84, 94). The credible evidence, including evidence that defendant acted as the initial aggressor, and that defendant stabbed the adult victim in the back and provided beer to the child victim, clearly established the elements of each of the crimes of which defendant was convicted and disproved defendant’s justification defense. Concur — Nardelli, J. P., Tom, Ellerin, Buckley and Marlow, JJ.

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Bluebook (online)

284 A.D.2d 185, 728 N.Y.S.2d 432, 2001 N.Y. App. Div. LEXIS 6184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-simpkins-nyappdiv-2001.

Opinion

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