People v. Rodriguez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant’s contention that the evidence was legally insufficient to prove his guilt of attempted assault in the second degree beyond a reasonable doubt is unpreserved for appellate review (see CEL 470.05; People v Soto, 8 AD3d 683, 684 [2004]; People v Smith, 303 AD2d 426, 427 [2003]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to show that the defendant intended to cause the complainant physical injury (see People v Gordon, 284 AD2d 481, 481-482 [2001]).
In…
2Cases cited8 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. ContesNew York Court of Appeals · 1983
- People v. DanielsonNew York Court of Appeals · 2007
- People v. RomeroNew York Court of Appeals · 2006
- People v. MateoNew York Court of Appeals · 2004
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