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People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 2002
300 A.D.2d 168 (N.Y. App. Div. 2002)

Opinion

2611

December 19, 2002.

Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered October 27, 2000, convicting defendant, after a jury trial, of assault in the first and third degrees, criminal possession of a weapon in the fourth degree, criminal possession of a controlled substance in the seventh degree and unlawful possession of marijuana, and sentencing him, as a second felony offender, to an aggregate term of 8 years, unanimously affirmed.

Albert Ceva, for respondent.

Steven N. Feinman, for defendant-appellant.

Before: NARDELLI, J.P., TOM, ELLERIN, FRIEDMAN, MARLOW, JJ.


The verdict convicting defendant of assault in the first degree was based on legally sufficient evidence. The element of serious physical injury was clearly established by the evidence, including expert testimony that the victim suffered a subdural hematoma whose attendant consequences posed a substantial risk of death (see Penal Law § 10.00; People v. Perron, 172 A.D.2d 879, lv denied 77 N.Y.2d 999).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 2002
300 A.D.2d 168 (N.Y. App. Div. 2002)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANDRE RIVERA…

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

Date published: Dec 19, 2002

Citations

300 A.D.2d 168 (N.Y. App. Div. 2002)
751 N.Y.S.2d 731

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