Legal Opinion
People v. Wilkens
Appellate Division of the Supreme Court of the State of New York
Decided May 1, 1997PublishedCited by 8 opinions
1Opinion of the Court
Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered June 13, 1995, convicting defendant, after a jury trial, of two counts of assault in the second degree, and sentencing him, as a second felony offender, to consecutive terms of 31/2 to 7 years, unanimously affirmed.
We reject defendant’s challenge to the sufficiency of the evidence of "physical injury” (Penal Law § 10.00 [9]) with respect to one of the victims. There was ample evidence that the child in question suffered substantial pain, a fact which may be readily inferred, through the exercise of common sense, from all…
2Cases cited5 opinions
- People v. GonzalezNew York Court of Appeals · 1986
- People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 1991
- People v. TomczakAppellate Division of the Supreme Court of the State of New York · 1993
- People v. WadeAppellate Division of the Supreme Court of the State of New York · 1996
- People v. MojiasAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by8 opinions
- People v. SirianiAppellate Division of the Supreme Court of the State of New York · 2006
- People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2001
- People v. MastinAppellate Division of the Supreme Court of the State of New York · 1999
- People v. TompkinsAppellate Division of the Supreme Court of the State of New York · 2004
- People v. NunezAppellate Division of the Supreme Court of the State of New York · 1998
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