From Casetext: Smarter Legal Research

People v. Echevarria

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1984
105 A.D.2d 753 (N.Y. App. Div. 1984)

Opinion

November 13, 1984

Appeal from the Supreme Court, Queens County (Clabby, J.).


Judgment affirmed.

The facts of this case support the finding that defendant intended to cause serious physical injury (assault in the first degree, Penal Law, § 120.10, subd 1). There is no reasonable view of the evidence which would have supported a finding that defendant intended to cause only physical injury within the definition of assault in the second degree (Penal Law, § 120.05, subd 2) as opposed to serious physical injury. Accordingly, the trial court's refusal to charge second degree assault was not error (see People v Blim, 63 N.Y.2d 718; People v Kinnard, 98 A.D.2d 845, aff'd. 62 N.Y.2d 910; People v Scarborough, 49 N.Y.2d 364, 372-373).

We find no merit to defendant's other contentions. Mangano, J.P., Gibbons, O'Connor and Lawrence, JJ., concur.


Summaries of

People v. Echevarria

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1984
105 A.D.2d 753 (N.Y. App. Div. 1984)
Case details for

People v. Echevarria

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HUGO ECHEVARRIA…

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

Date published: Nov 13, 1984

Citations

105 A.D.2d 753 (N.Y. App. Div. 1984)

Citing Cases

People v. Cuba

The type of weapon used, the manner in which it was used, and the number and location of the stab wounds…