Legal Opinion

People v. Tsiklauri

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

Decided May 9, 2017No. 3941 4744/12Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Daniel P. Conviser, J.), rendered July 23, 2013, convicting defendant, after a jury trial, of assault in the second degree and resisting arrest, and sentencing him to an aggregate term of two years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determinations. There was ample evidence of defendant’s intent to resist arrest and prevent the injured officer from performing a lawful duty. Defendant repeatedly shouted…

2Cases cited4 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. DrakeNew York Court of Appeals · 2006
  3. People v. JavierAppellate Division of the Supreme Court of the State of New York · 2000
  4. People v. SpencerAppellate Division of the Supreme Court of the State of New York · 2012

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