People v. Askerneese
Cases that cite this one
9 later published cases cite this decision.
- Coleman v. Noeth (District Court, E.D. New York 2020)
- People v. Garcia (Appellate Division of the Supreme Court of New York 2004)
- People v. Plume (Appellate Division of the Supreme Court of New York 2003)
- People v. Kenney (Appellate Division of the Supreme Court of New York 2002)
- In re Pilar C. (Appellate Division of the Supreme Court of New York 2001)
- People v. West (Appellate Division of the Supreme Court of New York 2000)
- People v. Steele (Appellate Division of the Supreme Court of New York 2000)
- People v. Barnes (Appellate Division of the Supreme Court of New York 1999)
- People v. Kenward (Appellate Division of the Supreme Court of New York 1999)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed. Defendant appeals from a conviction of assault in the first degree, arguing that the evidence adduced at trial was insufficient to support the predicate “serious physical injury” standard required under Penal Law § 120.10 (1). When viewed in the light most favorable to the prosecution, however (see, People v Contes, 60 NY2d 620, 621), the evidence in this case was suf *886 ficient to allow a rational trier of fact to find beyond a reasonable doubt that complainant suffered a “serious physical injury.” Thus, legally sufficient evidence supported defendant’s conviction of first degree assault.
Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.