Legal Opinion

People v. Rizzo

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

Decided March 15, 1999Published

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Wade, J.), rendered November 6, 1995, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish that he stabbed the complainant with a knife is unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245; People v Mora, 207 AD2d 914). In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d…

2Cases cited4 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. AllawayAppellate Division of the Supreme Court of the State of New York · 1998
  4. People v. MoraAppellate Division of the Supreme Court of the State of New York · 1994

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