People v. Lev
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (Bruce Allen, J), rendered April 26, 2005, convicting defendant, after a jury trial, of attempted assault in the second degree, and sentencing him to a term of five years’ probation, unanimously affirmed.
The verdict was based on legally sufficient evidence. Evidence that defendant, wearing thick-soled sneakers, repeatedly kicked the fallen victim in her midsection with significant force supported the conclusion that defendant intended to cause physical injury, which was the natural and probable consequence of such conduct (see People v Getch, 50 NY2d…
2Cases cited7 opinions
- People v. TuckerNew York Court of Appeals · 1981
- People v. AlfaroNew York Court of Appeals · 1985
- People v. CarterNew York Court of Appeals · 1981
- People v. GetchNew York Court of Appeals · 1980
- People v. PadroNew York Court of Appeals · 1990
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. ByrdAppellate Division of the Supreme Court of the State of New York · 2008
- State v. KingCourt of Appeals of Arizona · 2011
- People v. GibsonAppellate Division of the Supreme Court of the State of New York · 2011
- People v. HuntAppellate Division of the Supreme Court of the State of New York · 2016
- GIBSON, NYESHIA S., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011
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