Appellate Division of the Supreme Court of New York, 2002

People v. Gritzke

Appellate Division of the Supreme Court of New York · Decided March 15, 2002

292 A.D.2d 805; 738 N.Y.S.2d 643

Cases that cite this one

31 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Kham Khiamdavanh (Appellate Division of the Supreme Court of New York 2025)
People v. Hanes (Appellate Division of the Supreme Court of New York 2023)
People v. Dupuis (Appellate Division of the Supreme Court of New York 2021)
People v. Boyd (Appellate Division of the Supreme Court of New York 2019)
LOMAGLIO, MATTHEW L., PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
BRITT, JR., SYLVESTER, PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
SPEARS, ANDREW T., PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
People v. LoMaglio (Appellate Division of the Supreme Court of New York 2015)
People v. LoMaglio (Appellate Division of the Supreme Court of New York 2015)
People v. Spears (Appellate Division of the Supreme Court of New York 2015)
People v. Spears (Appellate Division of the Supreme Court of New York 2015)
People v. Britt (Appellate Division of the Supreme Court of New York 2015)
People v. Britt (Appellate Division of the Supreme Court of New York 2015)
WERTMAN, ADAM M., PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
People v. Wertman (Appellate Division of the Supreme Court of New York 2014)
People v. Wertman (Appellate Division of the Supreme Court of New York 2014)
People v. Martin (Appellate Division of the Supreme Court of New York 2014)
People v. Martin (Appellate Division of the Supreme Court of New York 2014)
CURRY, BRIAN, PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
People v. Curry (Appellate Division of the Supreme Court of New York 2011)
People v. Mosley (Appellate Division of the Supreme Court of New York 2009)
People v. Morrison (Appellate Division of the Supreme Court of New York 2009)
People v. Pryor (Appellate Division of the Supreme Court of New York 2008)
People v. Young (Appellate Division of the Supreme Court of New York 2008)
People v. Burroughs (Appellate Division of the Supreme Court of New York 2008)

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 from a judgment of Erie County Court (D’Amico, J.), entered July 12, 2000, convicting defendant after a jury trial of, inter alia, assault in the second degree (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of two counts of assault in the second degree (Penal Law § 120.05 [8], [9]), one count of intimidating a witness in the third degree (Penal Law § 215.15 [1]), and other crimes. The verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). “Great deference is to be accorded to the fact-finder’s resolution of credibility issues based upon its superior vantage point and its *806opportunity to view witnesses, observe demeanor and hear the testimony” (People v Valencia, 263 AD2d 874, 876, lv denied 94 NY2d 799). Contrary to the contention of defendant, he received effective assistance of counsel (see generally, People v Baldi, 54 NY2d 137, 147). Finally, the sentence is not unduly harsh or severe. Present — Green, J.P., Hayes, Hurlbutt, Kehoe and Lawton, JJ.

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