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People v. Daniels

Appellate Term of the Supreme Court of New York, Second Department
Dec 19, 2005
2005 N.Y. Slip Op. 52137 (N.Y. App. Term 2005)

Opinion

2004-1729 K CR.

Decided December 19, 2005.

Appeal from a judgment of the Criminal Court of the City of New York, Kings County (John W. Carter, J.), rendered on December 7, 2004. The judgment convicted defendant, upon a jury verdict, of assault in the third degree.

Judgment of conviction unanimously affirmed.

PRESENT: PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.


Viewing the evidence in a light most favorable to the People ( People v. Contes, 60 NY2d 620), we find that the People adduced legally sufficient evidence to prove the defendant guilty of assault in the third degree beyond a reasonable doubt. Contrary to defendant's contention, the physical injury sustained by the complainant was the natural consequence of defendant's act ( see People v. Thomas, 50 NY2d 467, 475), and his intent can be inferred from the act itself ( see People v. Bracey, 41 NY2d 296, 301). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence ( see CPL 470.15).


Summaries of

People v. Daniels

Appellate Term of the Supreme Court of New York, Second Department
Dec 19, 2005
2005 N.Y. Slip Op. 52137 (N.Y. App. Term 2005)
Case details for

People v. Daniels

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERICK DANIELS…

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

Date published: Dec 19, 2005

Citations

2005 N.Y. Slip Op. 52137 (N.Y. App. Term 2005)
814 N.Y.S.2d 563