Appellate Division of the Supreme Court of New York, 2011

People v. Ortiz

Appellate Division of the Supreme Court of New York · Decided November 10, 2011

89 A.D.3d 1482; 932 N.Y.2d 415

Cases that cite this one

1 later published case cites this decision.

People v. Houle (Appellate Division of the Supreme Court of New York 2025)

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

Memorandum:

Defendant appeals from a judgment convicting him upon a nonjury verdict of assault in the second degree *1483(Penal Law § 120.05 [former (3)]). Defendant failed to preserve for our review his challenge to the legal sufficiency of the evidence inasmuch as he made only a general motion for a trial order of dismissal (see People v Gray, 86 NY2d 10, 19 [1995]). In addition, viewing the evidence in light of the elements of the crime in this nonjury trial (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). We also conclude that the sentence is not unduly harsh or severe. Present — Centra, J.P, Fahey, Peradotto, Lindley and Martoche, JJ.

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