People v. Hernandez
| Decision Date | 07 January 1971 |
| Citation | 28 N.Y.2d 522,319 N.Y.S.2d 70 |
| Parties | , 267 N.E.2d 883 PEOPLE etc., Respondent, v. Jose HERNANDEZ, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 33 A.D.2d 747, 305 N.Y.S.2d 901.
Defendant was convicted of second and third degree assault.
The trial court rendered judgment, and the defendant appealed.
The Appellate Division modified judgment of conviction on the law to reverse conviction on count of assault in the third degree and otherwise affirmed the judgment. The Appellate Division held that where only proof of intent derived from pointing gun, which action was consistent only with intent to use weapon capable of inflicting grievous bodily harm, trial court was not warranted in submitting charge of third degree assault, but submission thereof was not prejudicial. Nunez, J., dissented.
The defendant appealed to the Court of Appeals.
Judgment affirmed.
All concur.
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People v. Aviles
...499 N.Y.S.2d 186;see People v. Cruz, 144 A.D.2d 686, 687, 535 N.Y.S.2d 39;People v. Hernandez, 33 A.D.2d 747, 747, 305 N.Y.S.2d 901,affd.28 N.Y.2d 522, 319 N.Y.S.2d 70, 267 N.E.2d 883). Contrary to the defendant's contention, evidence of the child victim's prior injuries was properly admitt......
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People v. Barbaran
... ... The defendant "not having had his strategy turn out successfully, may not now be heard to complain" (People v. Hernandez, 33 A.D.2d 747, 305 N.Y.S.2d 901, affd. 28 N.Y.2d 522, 319 N.Y.S.2d 70, 267 N.E.2d 883). Having failed to move for a severance, the defendant waived the issue of the propriety of the joint trial, and it may not now serve as a basis for reversal (see, People v. Downs, 77 A.D.2d 740, 431 N.Y.S.2d ... ...
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