People v. Gaston
Appellate Division of the Supreme Court of the State of New York
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
- People v. BleakleyNew York Court of Appeals · 1987
- People v. DanielsonNew York Court of Appeals · 2007
- People v. BaldiNew York Court of Appeals · 1981
- People v. GallowayNew York Court of Appeals · 1981
- People v. MahboubianNew York Court of Appeals · 1989
15 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 2014
- People v. MaxwellAppellate Division of the Supreme Court of the State of New York · 2013
- People v. SwanAppellate Division of the Supreme Court of the State of New York · 2015
- People v. DixonAppellate Division of the Supreme Court of the State of New York · 2017
- 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.