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People v. Cole

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1992
188 A.D.2d 482 (N.Y. App. Div. 1992)

Opinion

December 7, 1992

Appeal from the County Court, Nassau County (Thorp, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Contrary to the defendant's contentions, the People did prove that he intended to cause serious physical injury by means of a dangerous instrument and to cause serious and permanent disfigurement. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

Further, the court did not improvidently exercise its discretion in denying the defendant youthful offender treatment in light of the serious nature of the crime and the defendant's prior juvenile record. Bracken, J.P., Sullivan, Copertino and Santucci, JJ., concur.


Summaries of

People v. Cole

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1992
188 A.D.2d 482 (N.Y. App. Div. 1992)
Case details for

People v. Cole

Case Details

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

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

Date published: Dec 7, 1992

Citations

188 A.D.2d 482 (N.Y. App. Div. 1992)

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