PEOPLE v. MACK


301 A.D.2d 863 (2003)

755 N.Y.S.2d 437

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VIETO P. MACK, Appellant.

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

Decided January 23, 2003.


Mercure, J.P.

Defendant was indicted on one count of assault in the second degree and one count of menacing in the second degree for allegedly hitting Julia Dietrich with a broken table leg. After a jury convicted defendant of assault in the second degree, and after his motion to set aside the verdict was denied, County Court sentenced defendant as a persistent violent felony offender to an indeterminate term of 12 years to life. On this appeal, defendant first contends...

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