Legal Opinion

People v. Vazquez

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

Decided March 29, 2011PublishedCited by 9 opinions

1Opinion of the Court

*1274Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of assault in the second degree beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt of assault in the second degree and driving while ability impaired was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

The defendant waived his challenges to the indictment, in effect, on the ground of…

2Cases cited20 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. RomeroNew York Court of Appeals · 2006
  3. People v. IannoneNew York Court of Appeals · 1978
  4. People v. TuckerNew York Court of Appeals · 1981
  5. People v. JeantyNew York Court of Appeals · 2000

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3Cited by9 opinions

  1. People v. DancyAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. LauAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. DumervilAppellate Division of the Supreme Court of the State of New York · 2022
  4. People v. CuevasAppellate Division of the Supreme Court of the State of New York · 2022
  5. People v. ClayborneAppellate Division of the Supreme Court of the State of New York · 2014

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