Legal Opinion

People v. Cumba

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

Decided October 1, 1999Published

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

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. RosseyNew York Court of Appeals · 1997
  3. People v. MooreAppellate Division of the Supreme Court of the State of New York · 1991

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