People v. Serrano
| Decision Date | 31 January 2018 |
| Docket Number | 2013–10564,Ind. No. 8459/12 |
| Citation | 157 A.D.3d 971,69 N.Y.S.3d 879 |
| Parties | The PEOPLE, etc., respondent, v. Carlos SERRANO, appellant. |
| Court | New York Supreme Court — Appellate Division |
157 A.D.3d 971
69 N.Y.S.3d 879
The PEOPLE, etc., respondent,
v.
Carlos SERRANO, appellant.
2013–10564
Ind. No. 8459/12
Supreme Court, Appellate Division, Second Department, New York.
Argued—January 4, 2018
January 31, 2018
Paul Skip Laisure, New York, N.Y. (Erin Tomlinson and Rebecca J. Gannon of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.
REINALDO E. RIVERA, J.P., JEFFREY A. COHEN, ROBERT J. MILLER, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Neil Jon Firetog, J.), rendered October 30, 2013, convicting him of attempted assault in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent with CPL 160.50.
The defendant was convicted of attempted assault in the first degree in connection with a stabbing incident that occurred outside of a Brooklyn nightclub in September 2014.
Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to establish the defendant's identity as the perpetrator beyond a reasonable doubt (see People v. Chase, 60 A.D.3d 1077, 1077–1078, 876 N.Y.S.2d 485 ).
However, upon the exercise of our independent factual review power (see CPL 470.15[5] ), we find that the verdict of guilt was against the weight of the evidence. "[W]eight of the evidence review requires a court first to determine whether an acquittal would not have been unreasonable. If so, the court must weigh conflicting testimony, review any rational
inferences that may be drawn from the evidence and...
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