People v. Delph
Cases that cite this one
6 later published cases cite this decision.
- Matter of Yenis C. v. Daniel R. (Appellate Division of the Supreme Court of New York 2019)
- People v. Figueroa (Rye City Court 2013)
- People v. White (Appellate Division of the Supreme Court of New York 2012)
- People v. Williams (Appellate Division of the Supreme Court of New York 2002)
- People v. Lewis (Appellate Division of the Supreme Court of New York 2002)
- People v. Michaels (Appellate Division of the Supreme Court of New York 2000)
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
—Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered March 14, 1997, convicting defendant, after a jury trial, of burglary in the first degree, tampering with a witness in the third degree and assault in the third degree, and sentencing him, as a second violent felony offender, to consecutive terms of 25 years and 2 to 4 years and a concurrent term of 1 year, respectively, unanimously affirmed.
The complainant’s testimony that defendant choked her for one to two minutes, compressing her windpipe from behind and rendering her nearly unable to hear or see, established that she suffered physical injury, satisfying that element of burglary in the first degree and assault in the third degree (see, People v Bogan, 70 NY2d 860, 862).
We perceive no abuse of sentencing discretion. Concur — Rosenberger, J. P., Williams, Lerner, Andrias and Friedman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.