Legal Opinion

People v. Russell

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

Decided November 28, 2006PublishedCited by 3 opinions

1Opinion of the Court

*851Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered May 3, 2004, convicting him of assault in the first degree and assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the defendant’s conviction of assault in the first degree and the sentence imposed thereon, and dismissing that count; as so modified, the judgment is affirmed.

The evidence at trial established that, in an act of domestic violence, the defendant punched the…

2Cases cited6 opinions

  1. People v. SuarezNew York Court of Appeals · 2005
  2. People v. GonzalezNew York Court of Appeals · 2004
  3. People v. HafeezNew York Court of Appeals · 2003
  4. People v. AtkinsonNew York Court of Appeals · 2006
  5. People v. McMillonAppellate Division of the Supreme Court of the State of New York · 2006

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

3Cited by3 opinions

  1. BOUTIN, JAMES, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. RussellAppellate Division of the Supreme Court of the State of New York · 2017
  3. REYES, RAMON, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016

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