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People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Dec 9, 2010
79 A.D.3d 486 (N.Y. App. Div. 2010)

Opinion

No. 3843.

December 9, 2010.

Judgment, Supreme Court, Bronx County (Eileen Koretz, J.H.O. at nonjury trial; John P. Collins, J. at sentence), rendered September 24, 2009, convicting defendant of attempted assault in the in the third degree and harassment in the second degree, and sentencing him to a conditional discharge, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), and Milbank, Tweed, Hadley McCloy LLP, New York (Ryan O. West of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Maureen L. Grosdidier of counsel), for respondent.

Before: Gonzalez, P.J., Saxe, Catterson, Acosta and Manzanet-Daniels, JJ.


The verdict was not against the weight of the evidence ( see People v Danielson, 9 NY3d 342, 348-349). There is no basis for disturbing the court's credibility determinations. The testimony of the victim as credited by the court disproved defendant's justification defense beyond a reasonable doubt.

Defendant's challenge to the duration of his order of protection is unpreserved ( see People v Nieves, 2 NY3d 310) and we decline to review it in the interest of justice. Defendant should address his request for an amendment of the order to the court that issued it ( see id. at 317-318).


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Dec 9, 2010
79 A.D.3d 486 (N.Y. App. Div. 2010)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCUS SMITH, Appellant

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

Date published: Dec 9, 2010

Citations

79 A.D.3d 486 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 9066
911 N.Y.S.2d 628

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