PEOPLE v. CALDWELL


272 A.D.2d 87 (2000)

708 N.Y.S.2d 370

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILIP CALDWELL, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 4, 2000.


Contrary to defendant's argument, his conviction of assault in the second degree was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility. While defendant correctly argues that the indictment and the court's charge did not permit him to be convicted under a theory of transferred intent, defendant was not convicted under that theory. Credible evidence established...

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