People v. Cofield

Decision Date12 August 2015
Citation2015 N.Y. Slip Op. 06515,131 A.D.3d 539,14 N.Y.S.3d 693 (Mem)
PartiesThe PEOPLE, etc., respondent, v. Jeffrey COFIELD, appellant.
CourtNew York Supreme Court — Appellate Division

131 A.D.3d 539
14 N.Y.S.3d 693 (Mem)
2015 N.Y. Slip Op. 06515

The PEOPLE, etc., respondent
v.
Jeffrey COFIELD, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Aug. 12, 2015.


Lynn W.L. Fahey, New York, N.Y. (A. Alexander Donn of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Daniel Bresnahan of counsel), for respondent.

Opinion

131 A.D.3d 539

Appeals by the defendant from two judgments of the Supreme Court, Queens County (Latella, J.), both rendered March 13, 2012, convicting him of obstructing governmental

131 A.D.3d 540

administration in the second degree under Indictment No. 10485/10, and assault in the second degree (two counts) under Indictment No. 10358/11, after a nonjury trial, and imposing sentences.

ORDERED that the judgment convicting the defendant of obstructing governmental administration in the second degree under Indictment No. 10485/10, is reversed, on the facts, that indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its

discretion pursuant to CPL 160.50 ; and it is further,

ORDERED that the judgment convicting the defendant of assault in the second degree (two counts) under Indictment No. 10358/11, is modified, on the facts, by vacating the conviction of assault in the second degree under count two of that indictment, vacating the sentence imposed thereon, and dismissing that count of that indictment; as so modified, the judgment is affirmed.

According to the evidence presented at trial, on August 2, 2010, police officers pursued Claudia Nunez until Nunez entered an apartment in which the defendant was located. After the officers entered the apartment, the defendant said “sic ‘em” and released a pit bull, which then bit the face of one of the...

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4 cases
  • People v. Tucker
    • United States
    • New York Supreme Court — Appellate Division
    • July 7, 2016
    ...quotation marks and citations omitted], lv. denied 11 N.Y.3d 738, 864 N.Y.S.2d 397, 894 N.E.2d 661 [2008] ; see People v. Cofield, 131 A.D.3d 539, 540, 14 N.Y.S.3d 693 [2015], lv. denied 26 N.Y.3d 1038, 22 N.Y.S.3d 168, 43 N.E.3d 378 [2015] ; People v. Hurdle, 106 A.D.3d 1100, 1103, 965 N.Y......
  • People v. Bracy, 2010-03734
    • United States
    • New York Supreme Court — Appellate Division
    • August 12, 2015
    ...rendered March 26, 2010, convicting him of robbery in the third degree and petit larceny, upon his plea of guilty, and imposing sentence.131 A.D.3d 539ORDERED that the judgment is affirmed. While the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People ......
  • People v. Atkins, 2016–08174
    • United States
    • New York Supreme Court — Appellate Division
    • January 24, 2018
    ...15 N.Y.S.3d 397 ; People v. Ricketts, 27 A.D.3d 488, 489, 811 N.Y.S.2d 103 ), is unpreserved for appellate review (see People v. Bracy, 131 A.D.3d at 539, 15 N.Y.S.3d 397 ; People v. Arrington, 94 A.D.3d 903, 941 N.Y.S.2d 877 ; cf. People v. Weston, 145 A.D.3d 746, 747, 43 N.Y.S.3d 413 ; Pe......
  • Miguel Angel N. v. Tanya Lynn A.
    • United States
    • New York Supreme Court — Appellate Division
    • August 18, 2015

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