From Casetext: Smarter Legal Research

People v. Joseph

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 1999
265 A.D.2d 222 (N.Y. App. Div. 1999)

Opinion

October 21, 1999

Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered October 18, 1996, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 15 years, unanimously affirmed.


The verdict was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility. There was ample evidence of defendant's intent to cause serious physical injury.

The challenged portions of the People's summation did not show a pattern of inflammatory remarks or egregious conduct, and do not warrant reversal (see, People v. D'Alessandro, 184 A.D.2d 114, 118-119 lv denied 81 N.Y.2d 884)

We perceive no abuse of sentencing discretion.

We have considered and rejected defendant's remaining claims.

ELLERIN, P.J., WALLACH, LERNER, RUBIN, BUCKLEY, JJ.


Summaries of

People v. Joseph

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 1999
265 A.D.2d 222 (N.Y. App. Div. 1999)
Case details for

People v. Joseph

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUDOLPH JOSEPH…

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

Date published: Oct 21, 1999

Citations

265 A.D.2d 222 (N.Y. App. Div. 1999)
698 N.Y.S.2d 4

Citing Cases

Joseph v. Mantello

(Affidavit of Stacy Robin Sabatini dated April 23, 2001 ("Sabatini Aff."), Exh. A). On October 21, 1999, the…