People v. Cole

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS COLE, Appellant

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

Date published: Jun 17, 1999

262 A.D.2d 158 (N.Y. App. Div. 1999)

690 N.Y.S.2d 451

Opinion

June 17, 1999.

Appeal from the Supreme Court, Bronx County (John Stackhouse, J.).

Defendant's sufficiency claim concerning the element of serious physical injury is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the verdict was based on legally sufficient evidence. We further find that the verdict was not against the weight of the evidence.

Concur — Ellerin, P. J., Rosenberger, Williams, Andrias and Saxe, JJ.