People v. Skeete

Appellate Division of the Supreme Court of New York

People v. Skeete

292 A.D.2d 401, 738 N.Y.S.2d 595, 2002 N.Y. App. Div. LEXIS 2225

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

DecidedMarch 4, 2002

StatusPublished

This text of 292 A.D.2d 401 (People v. Skeete) 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. Skeete, 292 A.D.2d 401, 738 N.Y.S.2d 595, 2002 N.Y. App. Div. LEXIS 2225 (N.Y. Ct. App. 2002).

Pincite

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered October 11, 2000, convicting him of assault in the second degree and reckless endangerment in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), 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 trial court properly denied the defendant’s request to charge the jury that it could consider assault in the third degree as a lesser-included offense of assault in the second degree. There was no reasonable view of the evidence that would have supported such a charge (see, CPL 300.50 [1]).

The defendant’s remaining contentions are without merit. Feuerstein, J.P., Krausman, Schmidt and Cozier, JJ., concur.

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