From Casetext: Smarter Legal Research

People v. Terry

Appellate Division of the Supreme Court of New York, Second Department
Jul 26, 1999
263 A.D.2d 547 (N.Y. App. Div. 1999)

Opinion

Submitted June 3, 1999

July 26, 1999

Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered April 8, 1998, convicting him of robbery in the first degree, robbery in the second degree, criminal possession of a weapon in the fourth degree, and assault in the third degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Reyna E. Marder of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Kristine M. Zaleskas of counsel), for respondent.

GUY JAMES MANGANO, P.J., CORNELIUS J. O'BRIEN, THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is modified, on the law, by reversing the conviction for assault in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

We agree with the defendant's contention that the evidence was legally insufficient to establish that the complainant suffered physical injury so as to support the conviction of assault in the third degree ( see, Penal Law § 120.00). Thus, the conviction of assault in the third degree is reversed and that count of the indictment dismissed.

The defendant contends that the People's proof was factually insufficient due to alleged inconsistencies in the testimony of the witnesses. Upon the exercise of our factual review power, however, we are satisfied that the verdict as to the remaining counts of which the defendant was convicted was not against the weight of the evidence ( see, CPL 470.15).


Summaries of

People v. Terry

Appellate Division of the Supreme Court of New York, Second Department
Jul 26, 1999
263 A.D.2d 547 (N.Y. App. Div. 1999)
Case details for

People v. Terry

Case Details

Full title:THE PEOPLE, etc., respondent, v. JASON TERRY, appellant. (Ind. No. 101/97)

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

Date published: Jul 26, 1999

Citations

263 A.D.2d 547 (N.Y. App. Div. 1999)
692 N.Y.S.2d 612

Citing Cases

People v. Powell

ORDERED that the judgment is modified, on the law, by vacating the conviction of assault in the third degree…