People v. Gardella
Cases that cite this one
7 later published cases cite this decision.
- People v. LaGuerre (Appellate Division of the Supreme Court of New York 2006)
- People v. Bourguignon (Appellate Division of the Supreme Court of New York 2019)
- HEATLEY, TODD R., PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
- People v. Heatley (Appellate Division of the Supreme Court of New York 2014)
- People v. Heatley (Appellate Division of the Supreme Court of New York 2014)
- People v. Serrano (Appellate Division of the Supreme Court of New York 2010)
- People v. Ginsberg (Appellate Division of the Supreme Court of New York 2007)
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, Suffolk County (Copertino, J.), rendered June 18, 2001, convicting him of attempted murder in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s conviction stems from his violent assault upon his former girlfriend. When he could not persuade her to resume their relationship, he stabbed her 17 times on a Suffolk County street, and stated “if I can’t have you, no one can have you.” The complainant survived the attack. The defendant, a diabetic, conceded that he stabbed the complainant, but testified, supported by expert testimony, that he was suffering from a hypoglycemic episode at the time, and was unable to form the requisite criminal intent.
Contrary to the defendant’s contention, the evidence adduced at the trial, viewed in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), was legally sufficient to establish his guilt of attempted murder in the second
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Ritter, J.P., S. Miller, Goldstein and Adams, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.