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People v. Cruz

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1999
257 A.D.2d 664 (N.Y. App. Div. 1999)

Opinion

January 25, 1999.

Appeal from the Supreme Court, Kings County (Lewis, J.).


Ordered that the judgment is affirmed.

The defendant's contention that the evidence is legally insufficient to support her conviction is unpreserved for appellate review ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245, 250-252). In any event, viewing the evidence in the light most favorable to the People ( see, People v. Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant intended to cause physical injury to the victim when she threw scalding water upon her after an argument ( see, Penal Law § 120.05). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15; People v. Gaimari, 176 N.Y. 84, 94; People v. Livingston, 184 A.D.2d 529, 530).

Mangano, P. J., Sullivan, Florio and McGinity, JJ., concur.


Summaries of

People v. Cruz

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1999
257 A.D.2d 664 (N.Y. App. Div. 1999)
Case details for

People v. Cruz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KAREN CRUZ, Appellant

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

Date published: Jan 25, 1999

Citations

257 A.D.2d 664 (N.Y. App. Div. 1999)
684 N.Y.S.2d 576

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