Legal Opinion
People v. Valdez
Appellate Division of the Supreme Court of the State of New York
Decided January 12, 2010PublishedCited by 5 opinions
1Opinion of the Court
Defendant challenges the sufficiency of the evidence supporting his conviction of attempted gang assault in the first degree. However, we reject that claim. In particular, there was legally sufficient evidence to establish that two or more other persons actually present aided defendant in his attack on the victim, rather than committing a separate, subsequent assault (see People v Santos, 14 AD3d 411, 412 [2005], lv denied 4 NY3d 856 [2005]).
While defendant sufficiently preserved his hearsay argument concerning a police officer’s testimony that several passersby told him defendant stabbed the…
2Cases cited12 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. BeneventoNew York Court of Appeals · 1998
- People v. RiveraNew York Court of Appeals · 1988
- People v. D'AlessandroAppellate Division of the Supreme Court of the State of New York · 1992
- People v. LoveNew York Court of Appeals · 1982
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. AndrewsAppellate Division of the Supreme Court of the State of New York · 2010
- People v. GivhanAppellate Division of the Supreme Court of the State of New York · 2010
- People v. JaenAppellate Division of the Supreme Court of the State of New York · 2014
- People v. JaenAppellate Division of the Supreme Court of the State of New York · 2014
- People v. ParsonAppellate Division of the Supreme Court of the State of New York · 2012