Legal Opinion

People v. Gaston

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

Decided November 9, 2012PublishedCited by 27 opinions

1Opinion of the Court

*1464Appeal from a judgment of the Erie County Court (Thomas E Franczyk, J.), rendered May 5, 2010. The judgment convicted defendant, upon a jury verdict, of assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of assault in the second degree (Penal Law § 120.05 [2]). Defendant failed to preserve for our review his contention that the evidence is legally insufficient because the testimony of the victim was incredible as a matter of law (see People v Holloway, 97…

2Cases cited20 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. BaldiNew York Court of Appeals · 1981
  4. People v. GallowayNew York Court of Appeals · 1981
  5. People v. MahboubianNew York Court of Appeals · 1989

15 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. People v. MillerAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. MaxwellAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. SwanAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. DixonAppellate Division of the Supreme Court of the State of New York · 2017
  5. People v. RiosAppellate Division of the Supreme Court of the State of New York · 2013

22 more not listed; retrieve them via the Exa API.

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