Legal Opinion
People v. Spillman
Appellate Division of the Supreme Court of the State of New York
Decided December 2, 2008PublishedCited by 4 opinions
1Opinion of the Court
*581Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), the evidence was legally sufficient to establish beyond a reasonable doubt the defendant’s guilt of assault in the second degree (Penal Law § 120.05 [3]), and resisting arrest (Penal Law § 205.30; see People v Riccobono, 282 AD2d 552, 552-553 [2001]; People v Coulanges, 264 AD2d 853 [1999]). Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633…
2Cases cited11 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. RomeroNew York Court of Appeals · 2006
- People v. BasoraNew York Court of Appeals · 1990
- People v. HarewoodAppellate Division of the Supreme Court of the State of New York · 1978
- People v. CarnegliaAppellate Division of the Supreme Court of the State of New York · 1978
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3Cited by4 opinions
- People v. RoachAppellate Division of the Supreme Court of the State of New York · 2017
- People v. CalifanoAppellate Division of the Supreme Court of the State of New York · 2019
- People v. RoachAppellate Division of the Supreme Court of the State of New York · 2017
- ROACH, MATTHEW, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2017