People v. Cumba
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: The evidence adduced at trial is legally sufficient to establish defendant’s guilt of assault in the first degree (Penal Law §§ 20.00, 120.10 [1]). Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), we conclude that a rational trier of fact could have found beyond a reasonable doubt that defendant solicited the shooter, drove the shooter to the scene and lured the victim outside while the shooter was lying in wait (see, People v Rossey, 89 NY2d 970). “The fact that the evidence might be subject…
2Cases cited3 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. RosseyNew York Court of Appeals · 1997
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 1991