Legal Opinion
People v. Marquez
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 2008PublishedCited by 5 opinions
1Opinion of the Court
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s determinations concerning credibility, including its acceptance of the victim’s testimony concerning his physical condition. The element of serious physical injury was satisfied by evidence establishing that the victim sustained a “protracted impairment of health” (Penal Law § 10.00 [10]). The fractured bones in the victim’s foot, which evidently failed to heal properly, required him to use crutches for two months and continued to cause him…
2Cases cited7 opinions
- People v. DanielsonNew York Court of Appeals · 2007
- People v. VargasNew York Court of Appeals · 1996
- People v. BergNew York Court of Appeals · 1983
- People v. RandolphNew York Court of Appeals · 1993
- People v. GrahamAppellate Division of the Supreme Court of the State of New York · 2002
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. JoyceAppellate Division of the Supreme Court of the State of New York · 2017
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 2023
- JOYCE, TIMOTHY, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2017
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 2026
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2026