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People v. Walker

Appellate Division of the Supreme Court of New York, First Department
Jul 3, 1997
241 A.D.2d 340 (N.Y. App. Div. 1997)

Opinion

July 3, 1997

Appeal from the Supreme Court, Bronx County (Gerald Sheindlin, J.).


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence of "physical injury" ( see, Penal Law § 10.00; Matter of Philip A., 49 N.Y.2d 198; Matter of Dominick V., 223 A.D.2d 453).

Defendant's claim that the court was required to make specific findings of fact with respect to his conviction for sexual abuse in the third degree is without merit ( see, People v. Carter, 63 N.Y.2d 530, 539). As the charges herein were not identical, the court was not required to explain the link of the counts charged to specific facts in announcing the verdict ( compare, People v Caliendo, 158 A.D.2d 531).

Concur — Sullivan, J. P., Rosenberger, Wallach and Tom, JJ.


Summaries of

People v. Walker

Appellate Division of the Supreme Court of New York, First Department
Jul 3, 1997
241 A.D.2d 340 (N.Y. App. Div. 1997)
Case details for

People v. Walker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK WALKER…

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

Date published: Jul 3, 1997

Citations

241 A.D.2d 340 (N.Y. App. Div. 1997)
660 N.Y.S.2d 16