People v. Sue Kang

Appellate Division of the Supreme Court of New York

People v. Sue Kang

309 A.D.2d 664, 766 N.Y.S.2d 343, 2003 N.Y. App. Div. LEXIS 11153

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

DecidedOctober 28, 2003

StatusPublished

This text of 309 A.D.2d 664 (People v. Sue Kang) 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. Sue Kang, 309 A.D.2d 664, 766 N.Y.S.2d 343, 2003 N.Y. App. Div. LEXIS 11153 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered June 28, 2002, convicting defendant, after a jury trial, of assault in the second degree, and sentencing her to a term of two years, unanimously affirmed. The matter is remitted to Supreme Court, New York County for further proceedings pursuant to CPL 460.50 (5).

The court properly declined to submit assault in the third [665]*665degree as a lesser included offense of assault in the first degree since there was no reasonable view of the evidence, viewed most favorably to defendant, that she committed the lesser offense but not the greater.

The court properly exercised its discretion in denying defendant youthful offender treatment (see People v Drayton, 39 NY2d 580, 584 [1976]). Concur — Nardelli, J.P., Mazzarelli, Ellerin and Gonzalez, JJ.

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Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered June 28, 2002, convicting defendant, after a jury trial, of assault in the second degree, and sentencing her to a term of two years, unanimously affirmed. The matter is remitted to Supreme Court, New York County for further proceedings pursuant to CPL 460.50 (5).

The court properly declined to submit assault in the third [665]*665degree as a lesser included offense of assault in the first degree since there was no reasonable view of the evidence, viewed most favorably to defendant, that she committed the lesser offense but not the greater.

The court properly exercised its discretion in denying defendant youthful offender treatment (see People v Drayton, 39 NY2d 580, 584 [1976]). Concur — Nardelli, J.P., Mazzarelli, Ellerin and Gonzalez, JJ.

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Bluebook (online)

309 A.D.2d 664, 766 N.Y.S.2d 343, 2003 N.Y. App. Div. LEXIS 11153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sue-kang-nyappdiv-2003.

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