People v. Rodriguez
Opinion of the Court
The defendant’s contention that the evidence was legally insufficient to prove his guilt of attempted assault in the second degree beyond a reasonable doubt is unpreserved for appellate review (see CEL 470.05; People v Soto, 8 AD3d 683, 684 [2004]; People v Smith, 303 AD2d 426, 427 [2003]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to show that the defendant intended to cause the complainant physical injury (see People v Gordon, 284 AD2d 481, 481-482 [2001]).
In fulfilling our responsibility to conduct an independent
Case-law data current through December 31, 2025. Source: CourtListener bulk data.