Legal Opinion

People v. Vasquez

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

Decided August 5, 2002PublishedCited by 6 opinions

1Opinion of the Court

*298Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt of burglary in the first degree and assault in the third degree beyond a reasonable doubt, as the evidence established the nature of the victim’s injury, the way it was inflicted, and the duration of the pain. This, provided the jury with a ready and sufficient basis to determine that the victim suffered “substantial pain” as a result of the defendant’s attack (Penal Law § 10.00 [9]; see People v Brown, 243 AD2d 749;…

2Cases cited6 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. GreenNew York Court of Appeals · 1982
  3. People v. CowardAppellate Division of the Supreme Court of the State of New York · 1984
  4. People v. BrownAppellate Division of the Supreme Court of the State of New York · 1997
  5. People v. BolesAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by6 opinions

  1. People v. MonserrateAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. KrotoszynskiAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. NelsonAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. VasquezAppellate Division of the Supreme Court of the State of New York · 2011
  5. Vasquez v. PooleDistrict Court, E.D. New York · 2004

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