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People v. Ferreira

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 2000
270 A.D.2d 285 (N.Y. App. Div. 2000)

Opinion

Argued January 25, 2000

March 9, 2000

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flug, J.), rendered April 14, 1997, convicting him of assault in the third degree (two counts) and criminal trespass in the third degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Todd A. Landau of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Alyson J. Gill, and Sandra Burgos of counsel), for respondent.

DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, LEO F. McGINITY, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish that the complainant Manuel Tejeda suffered physical injury as defined by Penal Law § 10.00(9) is unpreserved for appellate review (see, CPL 470.05(2); People v. Gray, 86 N.Y.2d 10 ). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620 ), we find the evidence was legally sufficient to establish the defendant's guilt of assault in the third degree beyond a reasonable doubt (see, People v. Morales, 245 A.D.2d 467 ; People v. Harvey, 175 A.D.2d 138 ). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt as to that count was not against the weight of the evidence (see, CPL 470.15[5]).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.

RITTER, J.P., ALTMAN, KRAUSMAN, and McGINITY, JJ., concur.


Summaries of

People v. Ferreira

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 2000
270 A.D.2d 285 (N.Y. App. Div. 2000)
Case details for

People v. Ferreira

Case Details

Full title:THE PEOPLE, etc., respondent, v. YIVAL FERREIRA, appellant. (Ind. No…

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

Date published: Mar 9, 2000

Citations

270 A.D.2d 285 (N.Y. App. Div. 2000)
704 N.Y.S.2d 841