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People v. Kittleberger

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1992
181 A.D.2d 1051 (N.Y. App. Div. 1992)

Opinion

March 13, 1992

Appeal from the Monroe County Court, Wisner, J.

Present — Callahan, J.P., Boomer, Balio, Davis and Doerr, JJ.


Judgment unanimously affirmed. Memorandum: Upon our review of the record, we conclude that defendant's conviction for assault in the second degree (Penal Law § 120.05) was supported by sufficient evidence and was not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490). Given the horrendous circumstances of this case, the sentencing court's imposition of the maximum sentence was not an abuse of discretion.


Summaries of

People v. Kittleberger

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1992
181 A.D.2d 1051 (N.Y. App. Div. 1992)
Case details for

People v. Kittleberger

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD KITTLEBERGER…

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

Date published: Mar 13, 1992

Citations

181 A.D.2d 1051 (N.Y. App. Div. 1992)
581 N.Y.S.2d 966