People v. Urbina

Appellate Division of the Supreme Court of New York

People v. Urbina

248 A.D.2d 123, 669 N.Y.S.2d 804, 1998 N.Y. App. Div. LEXIS 1916

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

DecidedMarch 3, 1998

StatusPublished

Cited by7 cases

This text of 248 A.D.2d 123 (People v. Urbina) 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. Urbina, 248 A.D.2d 123, 669 N.Y.S.2d 804, 1998 N.Y. App. Div. LEXIS 1916 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered May 6, 1994, convicting defendant, after a jury trial, of attempted rape in the first degree, assault in the first degree and assault in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 7 to 14 years on the attempted rape and first-degree assault convictions, and to a consecutive term of 2 to 4 years on the second-degree assault conviction, unanimously affirmed. Order, same court and Justice, entered on or about May 23, 1995, denying defendant’s motion made pursuant to CPL 440.10, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence of attempted rape, including evidence that defendant punched the victim in her face after she refused his demand for a kiss, proceeded to beat her as he shoved her towards the bathroom and onto the floor, fumbled to undo his belt as he hunched a few feet over her, and only fled from the apartment after the victim jumped up and lunged at him. The victim’s face was fractured in four places, her nose was broken and she had to have steel plates implanted around her left eye; she was hospitalized for five days following the incident. Under the circumstances, defendant’s actions clearly demonstrated an intent to commit rape and came dangerously near to completion of the rape (People v Bracey, 41 NY2d 296, 300).

Summary denial of defendant’s CPL 440.10 motion, containing only conclusory allegations, was proper.

We have considered defendant’s remaining contentions and find them to be either unpreserved or without merit. Concur— Milonas, J. P., Nardelli, Williams and Mazzarelli, JJ.

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—Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered May 6, 1994, convicting defendant, after a jury trial, of attempted rape in the first degree, assault in the first degree and assault in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 7 to 14 years on the attempted rape and first-degree assault convictions, and to a consecutive term of 2 to 4 years on the second-degree assault conviction, unanimously affirmed. Order, same court and Justice, entered on or about May 23, 1995, denying defendant’s motion made pursuant to CPL 440.10, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence of attempted rape, including evidence that defendant punched the victim in her face after she refused his demand for a kiss, proceeded to beat her as he shoved her towards the bathroom and onto the floor, fumbled to undo his belt as he hunched a few feet over her, and only fled from the apartment after the victim jumped up and lunged at him. The victim’s face was fractured in four places, her nose was broken and she had to have steel plates implanted around her left eye; she was hospitalized for five days following the incident. Under the circumstances, defendant’s actions clearly demonstrated an intent to commit rape and came dangerously near to completion of the rape (People v Bracey, 41 NY2d 296, 300).

Summary denial of defendant’s CPL 440.10 motion, containing only conclusory allegations, was proper.

We have considered defendant’s remaining contentions and find them to be either unpreserved or without merit. Concur— Milonas, J. P., Nardelli, Williams and Mazzarelli, JJ.

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Bluebook (online)

248 A.D.2d 123, 669 N.Y.S.2d 804, 1998 N.Y. App. Div. LEXIS 1916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-urbina-nyappdiv-1998.

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