Legal Opinion

People v. Cruz

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

Decided September 29, 2015No. 15722 5925/08PublishedCited by 4 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Patricia Nunez, J.), rendered October 21, 2010, convicting defendant, after a jury trial, of assault in the first degree, and sentencing her to a term of five years, unanimously affirmed.

Defendant did not preserve her challenge to the sufficiency of the evidence supporting the element of serious physical injury, and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The…

2Cases cited8 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. BeneventoNew York Court of Appeals · 1998
  4. People v. RiveraNew York Court of Appeals · 1988
  5. People v. LoveNew York Court of Appeals · 1982

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3Cited by4 opinions

  1. People v. AcevedoAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. ConeyAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. KindellAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. KindellAppellate Division of the Supreme Court of the State of New York · 2016

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