People v. Hansen
| Decision Date | 25 April 1994 |
| Citation | 203 A.D.2d 588,610 N.Y.S.2d 617 |
| Parties | The PEOPLE, etc., Respondent, v. Michael HANSEN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Gurda, Gurda & Smith, Middletown (Alex Smith, on the brief), for appellant.
Francis D. Phillips, II, Dist. Atty., Goshen (John Goldsmith, of counsel; Jude T. Martini, on the brief), for respondent.
Before SULLIVAN, J.P., and O'BRIEN, GOLDSTEIN and FLORIO, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the County Court, Orange County (Pano Z. Patsalos, J.), rendered September 20, 1991, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends on appeal that the People's evidence that he kicked the victim while wearing sneakers does not suffice to establish an assault "by means of a * * * dangerous instrument" (Penal Law § 120.00[3]; see, Penal Law § 10.00[13]. However, upon viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see, Matter of Jason J., 187 A.D.2d 652, 653, 590 N.Y.S.2d 893). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15[5].
Further, we find that the sentence imposed upon the defendant was not excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
We have considered the defendant's remaining contentions and find them to be without merit.
To continue reading
Request your trial
-
Larweth v. Conway
...494, 494, 826 N.Y.S.2d 367 (App.Div.2d Dept.2006) (holding that pair of boots was a dangerous instrument); People v. Hansen, 203 A.D.2d 588, 588, 610 N.Y.S.2d 617 (App. Div.2d Dept.) ("holding that evidence that defendant kicked the victim while wearing sneakers sufficed to establish assaul......
-
People v. King
...607, 423 N.E.2d 30 ; People v. Hunt, 135 A.D.3d 624, 23 N.Y.S.3d 236 ; People v. Lev, 33 A.D.3d 362, 822 N.Y.S.2d 73 ; People v. Hansen, 203 A.D.2d 588, 610 N.Y.S.2d 617 ). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470......
-
People v. Hansen
...i.e., the defendant's boot (see, Penal Law § 10.00; People v. Carter, 53 N.Y.2d 113, 440 N.Y.S.2d 607, 423 N.E.2d 30; People v. Hansen, 203 A.D.2d 588, 610 N.Y.S.2d 617). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the ......
-
People v. Hansen
...20 616 N.Y.S.2d 20 83 N.Y.2d 967, 639 N.E.2d 760 People v. Hansen (Michael) Court of Appeals of New York June 23, 1994 Smith, J. 203 A.D.2d 588, 610 N.Y.S.2d 617 App.Div. 2, Orange Denied. ...