PEOPLE v. MALAVE


283 A.D.2d 219 (2001)

726 N.Y.S.2d 13

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ENRIQUE MALAVE, Appellant.

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

Decided May 10, 2001.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court's determinations concerning credibility. The credible evidence established that the fatal injuries were inflicted by defendant and not by the deceased child's mother. The evidence also warranted the conclusion that defendant intended to cause serious physical injury to the child, and not just to quiet her, when defendant struck...

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