PEOPLE v. BELL

952 KA 17-01638.

176 A.D.3d 1634 (2019)

110 N.Y.S.3d 188

2019 NY Slip Op 07200

The People of the State of New York, Respondent, v. Elijah Bell, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided October 4, 2019.


Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( ASHLEY R. LOWRY OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Peradotto, Lindley, DeJoseph and Curran, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of, inter alia, two counts of assault in the second degree (Penal Law § 120.05[3]), defendant contends that the conviction of those counts is not supported by sufficient evidence and that the verdict with respect to those counts is against the weight of the evidence. Defendant failed to preserve his challenge...

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