PEOPLE v. TORRES


32 A.D.3d 798 (2006)

821 N.Y.S.2d 207

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDDIE TORRES, Appellant.

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

September 28, 2006.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility. Defendant's challenge to the sufficiency of the evidence supporting the element of intent to cause physical injury (Penal Law § 120.05 [2]) is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the requisite intent could...

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