From Casetext: Smarter Legal Research

People v. Santos

Appellate Division of the Supreme Court of New York, First Department
Mar 23, 1995
213 A.D.2d 302 (N.Y. App. Div. 1995)

Opinion

March 23, 1995

Appeal from the Supreme Court, Bronx County (Joseph Fisch, J.).


Viewing the evidence in the light most favorable to the People (see, People v. Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), there was sufficient proof that defendant intended to cause the police officer serious physical injury when he threw the knife at the officer's body (see, People v. Carter, 53 N.Y.2d 113, 116). Defendant's intent is inferred from his conduct of throwing the knife and attacking the police officer after the officer attempted to subdue defendant (People v. Bracey, 41 N.Y.2d 296, 301).

Concur — Rosenberger, J.P., Rubin, Ross, Nardelli and Williams, JJ.


Summaries of

People v. Santos

Appellate Division of the Supreme Court of New York, First Department
Mar 23, 1995
213 A.D.2d 302 (N.Y. App. Div. 1995)
Case details for

People v. Santos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS SANTOS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 23, 1995

Citations

213 A.D.2d 302 (N.Y. App. Div. 1995)
624 N.Y.S.2d 154

Citing Cases

People v. Torres

Thus, the trial evidence was not legally sufficient to support a finding of guilt as to the crime of assault…

People v. Munoz

person attempted to commit a crime "it must first be established that defendant acted with a specific…