Appellate Division of the Supreme Court of New York, 1996

People v. Thompson

Appellate Division of the Supreme Court of New York · Decided February 20, 1996

224 A.D.2d 646; 639 N.Y.S.2d 52; 1996 N.Y. App. Div. LEXIS 1358

Cases that cite this one

20 later published cases cite this decision.

Santone v. Fischer (2d Cir. 2012)
Santone v. Fischer (2d Cir. 2012)
McCoy v. Commonwealth (Mo. Ct. App. 2018)
Brown v. Commonwealth (Mo. Ct. App. 2018)
Howard v. McGinnis (District Court, W.D. New York 2009)
Santana v. N/A Warden (District Court, E.D. New York 2023)
People v. Gutierrez (Appellate Division of the Supreme Court of New York 2022)
People v. Fuentes (Appellate Division of the Supreme Court of New York 2020)
Trevor Brown Jr v. Commonwealth of Kentucky (Ky. 2018)
Marc McCoy v. Commonwealth of Kentucky (Ky. 2018)
People v. Lopez-Miralles (Appellate Division of the Supreme Court of New York 2017)
BARBUTO, JOEL S., PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
People v. Barbuto (Appellate Division of the Supreme Court of New York 2015)
People v. Barbuto (Appellate Division of the Supreme Court of New York 2015)
People v. Guillen (Appellate Division of the Supreme Court of New York 2009)
People v. Brown (Appellate Division of the Supreme Court of New York 2009)
People v. Kearney (Appellate Division of the Supreme Court of New York 2005)
In re Eleda (Appellate Division of the Supreme Court of New York 2001)
People v. Shongo (Appellate Division of the Supreme Court of New York 2001)
People v. Fullard (Appellate Division of the Supreme Court of New York 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered May 5, 1994, convicting him of assault in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We find unpersuasive the defendant’s contention that the prosecution failed to prove him guilty of assault in the first degree beyond a reasonable doubt. Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Specifically, the People presented legally sufficient evidence to prove that the complainant suffered a "serious physical injury” in that the injury "create[d] a substantial risk of death” (Penal Law *647§ 10.00 [10]). The proof submitted by the prosecution, including the extensive medical records of the complainant’s hospitalization following the stabbing, demonstrated that the wound to the complainant’s upper chest area caused the complainant to experience labored breathing and substantial bleeding. Furthermore, the wound inflicted by the defendant caused the complainant to suffer a pneumothorax, which resulted in a collapsed lung and necessitated the insertion of a tube into the complainant’s chest. Accordingly, the medical evidence was legally sufficient to establish that the complainant suffered a serious physical injury as a result of the stabbing by the defendant (see, People v Wright, 105 AD2d 1088) and, contrary to the defendant’s contention, there was no requirement that the People present expert medical testimony in addition to the other evidence adduced. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Sullivan, J. P., Pizzuto, Goldstein and Florio, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.