People v. Cotton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: We conclude that defendant’s conviction of assault in the first degree (Penal Law § 120.10 [3]) is supported by legally sufficient evidence and is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). The proof establishes that defendant repeatedly forced his 16-day-old infant son’s head face down into the cushions of a couch and that he flipped the infant over by his leg, causing a spiral fracture of the tibia. That proof, coupled with the testimony of…
2Cases cited10 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. BaldiNew York Court of Appeals · 1981
- People v. GrierNew York Court of Appeals · 1975
- People v. TraitAppellate Division of the Supreme Court of the State of New York · 1988
- People v. RobinsonNew York Court of Appeals · 1978
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3Cited by6 opinions
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- People v. SwintonAppellate Division of the Supreme Court of the State of New York · 2005
- Swinton v. City of New YorkDistrict Court, E.D. New York · 2011
- People v. AdamsAppellate Division of the Supreme Court of the State of New York · 1998
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