People v. Wilkins
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, Bronx County (Margaret L. Clancy, J.), rendered September 24, 2013, convicting defendant, after a jury trial, of gang assault in the first degree, and sentencing him to a term of five years, unanimously affirmed.
The conviction was based on legally sufficient evidence and 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 credibility determinations. The element of serious physical injury (Penal Law § 10.00 [10]) was established by the victim’s testimony, coupled with a physician’s…
2Cases cited2 opinions
- People v. DanielsonNew York Court of Appeals · 2007
- People v. MartinezAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by4 opinions
- People v. HerreraAppellate Division of the Supreme Court of the State of New York · 2022
- People v. HerreraAppellate Division of the Supreme Court of the State of New York · 2022
- People v. CooperAppellate Division of the Supreme Court of the State of New York · 2021
- People v. WongAppellate Division of the Supreme Court of the State of New York · 2018