People v. Gannon

5 Citing cases

  1. People v. Alexander

    127 A.D.3d 1429 (N.Y. App. Div. 2015)   Cited 20 times

    Defendant next contends that his conviction was not supported by legally sufficient evidence and was against the weight of the evidence. To convict defendant of attempted assault in the second degree, the People were required to prove that he intended to cause physical injury to another person and “engage[d] in conduct which tend[ed] to effect the commission of such crime” (Penal Law § 110.00 ; see Penal Law § 120.05[7] ; People v. Gannon, 301 A.D.2d 873, 873, 754 N.Y.S.2d 107 [2003] ). The testimony established that several correction officers saw two inmates fighting with each other, throwing punches and struggling back and forth.

  2. People v. Montague

    171 A.D.3d 1306 (N.Y. App. Div. 2019)

    Accordingly, defendant was unlawfully sentenced as a second felony offender, and we therefore vacate the second felony offender adjudication and remit for resentencing. Although the record reflects that defendant was incarcerated for certain periods of time between April 16, 2002 and February 2, 2014, which would be excluded from, or toll, the 10–year look-back period (see Penal Law § 70.06[1][b][v] ; People v. Richardson , 132 A.D.3d 1022, 1023, 17 N.Y.S.3d 196 [2015] ; People v. Holman , 53 A.D.3d 775, 776, 861 N.Y.S.2d 212 [2008] ; People v. Gannon , 301 A.D.2d 873, 873, 754 N.Y.S.2d 107 [2003] ), the People concede that the sum total of days that defendant was incarcerated during this time period was not enough time for the prior felony to come within the 10–year look-back period.--------

  3. People v. Griffin

    47 A.D.3d 1164 (N.Y. App. Div. 2008)   Cited 2 times

    Inasmuch as defendant did not move to withdraw his plea or vacate the judgment of conviction, he has not preserved for our review the factual sufficiency of the plea ( see People v Ramirez, 45 AD3d 1108, 1108; People v Sanabria, 43 AD3d 1228, 1229). The exception to the preservation rule is inapplicable here since there is nothing in the plea colloquy that casts significant doubt on defendant's guilt or the voluntariness of his plea ( see People v Hall, 41 AD3d 1090, 1091, lv denied 9 NY3d 876; People v Rose, 41 AD3d 1033, 1034, lv denied 9 NY3d 926). On the contrary, defendant stated during such colloquy that, while an inmate at the Broome County Jail, he punched someone causing an injury to the man's lip requiring nine stitches, thereby sufficiently establishing the elements of the crime, including intent to cause physical injury ( see People v Gannon, 301 AD2d 873, 873). Further, defendant was informed of the rights being given up by and the consequences of entering a guilty plea, and he affirmatively communicated to County Court that he had not been coerced into entering the plea and that he had sufficiently discussed the plea bargain with his attorney.

  4. People v. Roman

    19 A.D.3d 739 (N.Y. App. Div. 2005)   Cited 5 times

    Initially, we find no merit to defendant's challenge to the sufficiency of the evidence. Viewed most favorably to the prosecution, the victim's account and the medical testimony established beyond a reasonable doubt all of the elements of assault in the second degree, including intent to cause serious physical injury ( see Penal Law § 120.05; People v. Gannon, 301 AD2d 873, 873; People v. Miller, 290 AD2d 814, 815, lv denied 98 NY2d 678). Nor is the jury's verdict contrary to the weight of the evidence, despite defendant's allegation that the victim's injuries were caused by an epileptic seizure ( see People v. Bleakley, 69 NY2d 490, 495; People v. Richard, 232 AD2d 872, 873, lv denied 89 NY2d 1099).

  5. People v. Chasey

    5 A.D.3d 815 (N.Y. App. Div. 2004)   Cited 7 times

    Defendant contends that the evidence was not legally sufficient to support the conviction. Viewing the evidence in the light most favorable to the prosecution (see People v. Gannon, 301 A.D.2d 873, 873), sufficient evidence was provided by the testimony of the sergeant who was struck and a correction officer who was present. Their testimony established that defendant turned around suddenly while being escorted and, with a closed fist, struck the sergeant in the face, knocking off his glasses and causing a bruise on his face.