People v. Zalevsky
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant contends that the evidence of “physical injury,” an element of the crime of assault in the second degree (see Penal Law § 120.05 [3]), was legally insufficient. Contrary *1137to the People’s contention, the defendant preserved this issue for appellate review by raising it in his written pro se motion submitted at the close of the People’s case (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19-21 [1995]). Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally insufficient to establish, beyond a…
2Cases cited27 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- People v. ContesNew York Court of Appeals · 1983
- People v. CrimminsNew York Court of Appeals · 1975
- People v. GrayNew York Court of Appeals · 1995
- New York v. QuarlesSupreme Court of the United States · 1984
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3Cited by25 opinions
- People v. BoleyAppellate Division of the Supreme Court of the State of New York · 2013
- People v. PerryAppellate Division of the Supreme Court of the State of New York · 2014
- People v. ColeAppellate Division of the Supreme Court of the State of New York · 2016
- People v. DollAppellate Division of the Supreme Court of the State of New York · 2012
- People v. JonesAppellate Terms of the Supreme Court of New York · 2015
20 more not listed; retrieve them via the Exa API.