From Casetext: Smarter Legal Research

People v. Adolph

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 2002
299 A.D.2d 257 (N.Y. App. Div. 2002)

Opinion

2295

November 21, 2002.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered April 28, 2000, convicting defendant, after a nonjury trial, of assault in the second degree, and sentencing her to a term of 5 years probation, unanimously affirmed.

CHRISTOPHER WILSON, for respondent.

ADRIENNE GANTT, for defendant-appellant.

Before: Nardelli, J.P., Mazzarelli, Sullivan, Ellerin, Marlow, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490) . There is no basis for disturbing the court's credibility determinations concerning the resolution of conflicting testimony. The credible evidence clearly disproved defendant's justification defense beyond a reasonable doubt. Reckless assault (Penal Law § 15.05; § 120.05[4]) was established by evidence that, during an altercation in a restaurant, defendant grabbed a coffee pot that she should have reasonably expected to contain hot liquid, and threw it at the victim, causing severe burns.

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Adolph

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 2002
299 A.D.2d 257 (N.Y. App. Div. 2002)
Case details for

People v. Adolph

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANGELIQUE ADOLPH…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 21, 2002

Citations

299 A.D.2d 257 (N.Y. App. Div. 2002)
750 N.Y.S.2d 593

Citing Cases

People v. Powell

Thus, the jury could reasonably conclude that defendant's conduct was reckless ( seePenal Law § 15.05[3];…

People v. Peralta

Because we are ordering a new trial, we decline to reach any other issues, except that we find that the…