People v. Gonzalez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (Charles H. Solomon, J. at initial motion to exclude DNA evidence; Edward J. McLaughlin, J. at subsequent motion, jury trial and sentencing), rendered January 14, 2014, convicting defendant of assault in the second degree, and sentencing him to a term of four years, unanimously affirmed.
The court properly declined to submit third-degree assault as a lesser included offense. There was no reasonable view of the evidence, viewed most favorably to defendant, under which defendant hit and kicked the victim, but neither cut the victim’s throat personally,…
2Cases cited8 opinions
- People v. WhalenNew York Court of Appeals · 1983
- People v. HeideNew York Court of Appeals · 1994
- People v. LeGrandNew York Court of Appeals · 2007
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2017
- People v. GarciaNew York Supreme Court · 2013
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3Cited by14 opinions
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