People v. Wentz

Appellate Division of the Supreme Court of New York

People v. Wentz

147 A.D.2d 941, 538 N.Y.S.2d 737, 1989 N.Y. App. Div. LEXIS 1312

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

DecidedFebruary 3, 1989

StatusPublished

Cited by1 cases

This text of 147 A.D.2d 941 (People v. Wentz) 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. Wentz, 147 A.D.2d 941, 538 N.Y.S.2d 737, 1989 N.Y. App. Div. LEXIS 1312 (N.Y. Ct. App. 1989).

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Opinion

— Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of attempted first degree manslaughter and related crimes, defendant argues that the People failed to prove his criminal responsibility beyond a reasonable doubt (see, Penal Law § 30.05 [1] [a], [b] [repealed L 1984, ch 668, § 1, eff Nov. 1, 1984]). We disagree. It was for the jury to resolve the conflicting expert testimony and the record, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620), establishes that the evidence was legally sufficient to support the verdict (see, People v Bruetsch, 137 AD2d 823, 824, lv denied 72 NY2d 857; People v Caggiano, 129 AD2d 992). (Appeal from judgment of Ontario County Court, Henry, Jr., J. — attempted manslaughter, first degree, and other charges.) Present — Dillon, P. J., Callahan, Denman, Green and Lawton, JJ.

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— Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of attempted first degree manslaughter and related crimes, defendant argues that the People failed to prove his criminal responsibility beyond a reasonable doubt (see, Penal Law § 30.05 [1] [a], [b] [repealed L 1984, ch 668, § 1, eff Nov. 1, 1984]). We disagree. It was for the jury to resolve the conflicting expert testimony and the record, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620), establishes that the evidence was legally sufficient to support the verdict (see, People v Bruetsch, 137 AD2d 823, 824, lv denied 72 NY2d 857; People v Caggiano, 129 AD2d 992). (Appeal from judgment of Ontario County Court, Henry, Jr., J. — attempted manslaughter, first degree, and other charges.) Present — Dillon, P. J., Callahan, Denman, Green and Lawton, JJ.

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Bluebook (online)

147 A.D.2d 941, 538 N.Y.S.2d 737, 1989 N.Y. App. Div. LEXIS 1312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wentz-nyappdiv-1989.

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