People v. Brendan C.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Adjudication unanimously affirmed. Memorandum: Defendant appeals from an adjudication finding him guilty, after a nonjury trial, of assault in the first degree in violation of Penal Law § 120.10 (1). There is no merit to the contention of defendant that the evidence is legally insufficient to establish that the victim sustained a serious physical injury or that defendant intended to inflict that injury. The evidence established that defendant struck the victim on the head with a crowbar while verbally threatening to kill the victim. That blow rendered the victim unconscious. The victim…
2Cases cited8 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. GreenNew York Court of Appeals · 1982
- People v. KernNew York Court of Appeals · 1990
- People v. BoettcherNew York Court of Appeals · 1987
- People v. KernAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by4 opinions
- People v. Jau Kud SuAppellate Division of the Supreme Court of the State of New York · 1997
- Howard v. McGinnisDistrict Court, W.D. New York · 2009
- People v. GadsdenAppellate Division of the Supreme Court of the State of New York · 2003
- People v. GadsdenAppellate Division of the Supreme Court of the State of New York · 2002