People v. Woullard

Appellate Division of the Supreme Court of New York

People v. Woullard

309 A.D.2d 504, 765 N.Y.S.2d 241, 2003 N.Y. App. Div. LEXIS 10013

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

DecidedOctober 2, 2003

StatusPublished

This text of 309 A.D.2d 504 (People v. Woullard) 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. Woullard, 309 A.D.2d 504, 765 N.Y.S.2d 241, 2003 N.Y. App. Div. LEXIS 10013 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered February 16, 2001, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 15 years with five years post-release supervision, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). The evidence clearly established that this was an unprovoked attack and that defendant was not justified when he repeatedly stabbed the victim.

The record does not establish that defendant’s sentence was based on any improper criteria and we perceive no basis for reducing the sentence. Concur — Buckley, P.J., Tom, Ellerin, Marlow and Gonzalez, JJ.

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Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered February 16, 2001, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 15 years with five years post-release supervision, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). The evidence clearly established that this was an unprovoked attack and that defendant was not justified when he repeatedly stabbed the victim.

The record does not establish that defendant’s sentence was based on any improper criteria and we perceive no basis for reducing the sentence. Concur — Buckley, P.J., Tom, Ellerin, Marlow and Gonzalez, JJ.

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Bluebook (online)

309 A.D.2d 504, 765 N.Y.S.2d 241, 2003 N.Y. App. Div. LEXIS 10013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-woullard-nyappdiv-2003.

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