People v. Pearson

6 Citing cases

  1. People v. Pearson

    2021 N.Y. Slip Op. 98242 (N.Y. 2021)

    Disposition: Applications for Criminal Leave to appeal denied Decision Reported Below: 4th Dept: 192 A.D.3d 1555 (Oneida)

  2. People v. Gaffney

    2024 N.Y. Slip Op. 5671 (N.Y. App. Div. 2024)

    By failing to object to the verdict prior to the jury's discharge, defendant failed to preserve his contention that the verdict is repugnant because the jury acquitted him of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) and the lesser included offense of attempted assault in the second degree (§ 120.05 [2]), but found him guilty of aggravated assault upon a police officer or a peace officer (§ 120.11; see People v Franco, 225 A.D.3d 1284, 1284 [4th Dept 2024], lv denied 41 N.Y.3d 1002 [2024]; People v Pearson, 192 A.D.3d 1555, 1556 [4th Dept 2021], lv denied 37 N.Y.3d 994 [2021]). Contrary to defendant's further contention, he "failed to establish the lack of a strategic decision on the part of defense counsel [in failing to object to the verdict] inasmuch as a resubmission of the matter to the jury could have resulted in a guilty verdict" on the other counts (People v Bartlett, 89 A.D.3d 1453, 1454 [4th Dept 2011], lv denied 18 N.Y.3d 881 [2012]; see generally CPL 310.50 [2]).

  3. People v. Bell

    229 A.D.3d 1178 (N.Y. App. Div. 2024)   Cited 1 times

    . Contrary to defendant’s contentions in his main and pro se supplemental briefs, his conviction of both counts of attempted murder in the second degree is supported by legally sufficient evidence (see People v. Pearson, 192 A.D.3d 1555, 1555, 143 N.Y.S.3d 486 [4th Dept. 2021], lv denied 37 N.Y.3d 994, 152 N.Y.S.3d 397, 174 N.E.3d 337 [2021]). Additionally, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007]), we reject defendant’s contention in the main brief that the verdict with respect to the challenged counts is against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987]).

  4. People v. Bell

    2024 N.Y. Slip Op. 3935 (N.Y. App. Div. 2024)

    Contrary to defendant's contentions in his main and pro se supplemental briefs, his conviction of both counts of attempted murder in the second degree is supported by legally sufficient evidence (see People v Pearson, 192 A.D.3d 1555, 1555 [4th Dept 2021], lv denied 37 N.Y.3d 994 [2021]). Additionally, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 N.Y.3d 342, 349 [2007]), we reject defendant's contention in the main brief that the verdict with respect to the challenged counts is against the weight of the evidence (see generally People v Bleakley, 69 N.Y.2d 490, 495 [1987]).

  5. People v. Franco

    2024 N.Y. Slip Op. 1643 (N.Y. App. Div. 2024)

    As defendant correctly concedes, defendant's contention that the verdict is repugnant is unpreserved for our review because defendant failed to raise it before the jury was discharged (see People v Pearson, 192 A.D.3d 1555, 1556 [4th Dept 2021], lv denied 37 N.Y.3d 994 [2021]; People v Baldwin, 173 A.D.3d 1748, 1749 [4th Dept 2019], lv denied 34 N.Y.3d 928 [2019]; People v Spears, 125 A.D.3d 1401, 1402 [4th Dept 2015], lv denied 25 N.Y.3d 1172 [2015]). Defendant contends that the evidence against him is legally insufficient to establish the intent and causation elements of assault in the second degree (Penal Law § 120.05 [3]) and the causation element of assault in the third degree (§ 120.00 [2]).

  6. People v. Franco

    225 A.D.3d 1284 (N.Y. App. Div. 2024)   Cited 1 times

    The conviction arises out of an incident in which defendant, during a physical struggle with a school resource officer, fired the officer’s weapon and shot the officer in the foot. [1] As defendant correctly concedes, defendant’s contention that the verdict is repugnant is unpreserved for our review because defendant failed to raise it before the jury was discharged (see People v. Pearson, 192 A.D.3d 1555, 1556, 143 N.Y.S.3d 486 [4th Dept. 2021], lv denied 37 N.Y.3d 994, 152 N.Y.S.3d 397, 174 N.E.3d 337 [2021]; People v. Baldwin, 173 A.D.3d 1748, 1749, 103 N.Y.S.3d 222 [4th Dept. 2019], lv denied 34 N.Y.3d 928, 109 N.Y.S.3d 736, 133 N.E.3d 440 [2019]; People v. Spears, 125 A.D.3d 1401, 1402, 3 N.Y.S.3d 535 [4th Dept. 2015], lv denied 25 N.Y.3d 1172, 15 N.Y.S.3d 303, 36 N.E.3d 106 [2015]). [2] Defendant contends that the evidence against him is legally insufficient to establish the intent and causation elements of assault in the second degree (Penal Law § 120.05 [3]) and the causation element of assault in the third degree (§ 120.00 [2]).