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People v. Ross

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1986
125 A.D.2d 422 (N.Y. App. Div. 1986)

Opinion

December 8, 1986

Appeal from the County Court, Dutchess County (Traficanti, J.).


Ordered that the judgment is affirmed.

Based upon the testimony of the treating surgeon and paramedic, the jury could find, beyond a reasonable doubt, that the complainant's three stab wounds placed him in a substantial risk of death and thus find the defendant guilty of assault in the first degree (see, Penal Law § 10.00; § 120.10 [1]). The surgeon's testimony that the wounds created a substantial risk of death if not treated promptly or adequately was not too conjectural to support a finding that the wounds constituted serious physical injury (see, People v. Griffin, 100 A.D.2d 659).

The alleged errors in the prosecutor's summation were not objected to at trial and are therefore unpreserved for appellate review (see, People v. Thomas, 50 N.Y.2d 467; People v. Putland, 105 A.D.2d 199). A reversal in the interest of justice is not warranted. Niehoff, J.P., Rubin, Eiber and Kunzeman, JJ., concur.


Summaries of

People v. Ross

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1986
125 A.D.2d 422 (N.Y. App. Div. 1986)
Case details for

People v. Ross

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARL JUNIOR ROSS…

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

Date published: Dec 8, 1986

Citations

125 A.D.2d 422 (N.Y. App. Div. 1986)

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