Legal Opinion
People v. Basciano
Appellate Division of the Supreme Court of the State of New York
Decided September 25, 2008PublishedCited by 7 opinions
1Opinion of the Court
Judgment, Supreme Court, Bronx County (Michael A. Gross, J.), rendered June 17, 2007, convicting defendant, after a jury verdict, of assault in the second degree, and sentencing him to a term of 21h years, unanimously affirmed.
The court properly granted the People’s request to submit second-degree assault under Penal Law § 120.05 (1) (causing serious physical injury) to the jury as a lesser included offense of first-degree assault under Penal Law § 120.10 (1) (causing serious physical injury by means of a dangerous instrument). There was a reasonable view of the evidence (see People v Negron,…
2Cases cited3 opinions
- People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
- People v. NegronNew York Court of Appeals · 1998
- People v. GouyagadoshAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by7 opinions
- People v. StantonAppellate Division of the Supreme Court of the State of New York · 2021
- People v. HammAppellate Division of the Supreme Court of the State of New York · 2012
- People v. John Galt Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- People v. SilerAppellate Division of the Supreme Court of the State of New York · 2016
- HAMM, DARYL, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
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