Legal Opinion
People v. Simmons
Appellate Division of the Supreme Court of the State of New York
Decided January 3, 2014Published
1Opinion of the Court
It is hereby ordered that the judgment so appealed from is modified as a matter of discretion in the interest of justice by reducing the sentence to a definite term of imprisonment of one year and as modified the judgment is affirmed and the matter is remitted to Genesee County Court for proceedings pursuant to CPL 460.50 (5).
*1082Memorandum: On appeal from a judgment convicting her following a jury trial of assault in the second degree (Penal Law § 120.05 [12]), defendant contends that the verdict is against the weight of the evidence. We reject that contention. “Viewing the evidence in a neutral…
2Cases cited7 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. DanielsonNew York Court of Appeals · 2007
- In the Matter of Pantelidis v. New York City Board of Standards and AppealsNew York Court of Appeals · 2008
- People v. WoodringAppellate Division of the Supreme Court of the State of New York · 2008
- People v. PurvisAppellate Division of the Supreme Court of the State of New York · 2011
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