Legal Opinion

People v. Evans

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

Decided March 21, 2003Published

1Opinion of the Court

—Appeal from a judgment of Chautauqua County Court (Ward, J.), entered February 7, 2000, convicting defendant after a jury trial of, inter alia, assault in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him of, inter alia, assault in the second degree (Penal Law § 120.05 [2]). We reject the contention of defendant that the prosecutor’s remarks during summation denied him a fair trial. The remarks with respect to the electrical cord that defendant used to strike…

2Cases cited3 opinions

  1. People v. HalmNew York Court of Appeals · 1993
  2. People v. CalabriaNew York Court of Appeals · 2000
  3. People v. O'DonnellAppellate Division of the Supreme Court of the State of New York · 2002

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