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Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); New York Supreme Court, Appellate Division; 43 A.D.3d 700; 841 N.Y.S.2d 551. Datos: https://static.case.law/ad3d/43/cases/0700-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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People v. Abdul-Khaliq, 43 A.D.3d 700 (New York Supreme Court, Appellate Division, 2007) Judgment, Supreme Court, New York County (Budd G. Goodman, J), rendered June 10, 2004, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second felony offender, to a term of 15 years, unanimously affirmed. The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant slashed his victim’s face with a razor, causing an injury that required 31 stitches, and his intent to cause serious physical injury could be readily inferred from his actions (see People v Getch, 50 NY2d 456, 465 [1980]; People v Walker, 30 AD3d 215 [2006], 7 NY3d 796 [2006]). Defendant’s challenges to the court’s conduct of the trial are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that most of the court’s questioning of defendant constituted proper efforts at clarification. While some of the court’s questions were inappropriate, the jury was not prevented from arriving at an impartial judgment on the merits (see People v Moulton, 43 NY2d 944 [1978]). Defendant’s ineffective assistance of counsel claims are unreviewable on direct appeal because they involve matters outside the record concerning counsel’s strategic reasons, if any, for not cross-examining the victim about his intent to file a civil action against defendant and against the owner of the…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); New York Supreme Court, Appellate Division; 43 A.D.3d 700; 841 N.Y.S.2d 551. Datos: https://static.case.law/ad3d/43/cases/0700-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
Cargando el texto completo…
People v. Abdul-Khaliq, 43 A.D.3d 700 (New York Supreme Court, Appellate Division, 2007) Judgment, Supreme Court, New York County (Budd G. Goodman, J), rendered June 10, 2004, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second felony offender, to a term of 15 years, unanimously affirmed. The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant slashed his victim’s face with a razor, causing an injury that required 31 stitches, and his intent to cause serious physical injury could be readily inferred from his actions (see People v Getch, 50 NY2d 456, 465 [1980]; People v Walker, 30 AD3d 215 [2006], 7 NY3d 796 [2006]). Defendant’s challenges to the court’s conduct of the trial are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that most of the court’s questioning of defendant constituted proper efforts at clarification. While some of the court’s questions were inappropriate, the jury was not prevented from arriving at an impartial judgment on the merits (see People v Moulton, 43 NY2d 944 [1978]). Defendant’s ineffective assistance of counsel claims are unreviewable on direct appeal because they involve matters outside the record concerning counsel’s strategic reasons, if any, for not cross-examining the victim about his intent to file a civil action against defendant and against the owner of the…