PEOPLE v. FRANZESE

2018-02138. Ind. No. 1485/16.

189 A.D.3d 1068 (2020)

133 N.Y.S.3d 841

2020 NY Slip Op 07393

The People of the State of New York, Respondent, v. Michael Franzese, Appellant.

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

Decided December 9, 2020.


Attorney(s) appearing for the Case

Randall D. Ungar , Kew Gardens, NY, for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , Nancy Fitzpatrick Talcott , and Rachel N. Houle of counsel), for respondent.

Chambers, J.P., LaSalle, Iannacci and Christopher, JJ., concur.


Ordered that the judgment is affirmed.

The defendant was charged with assault in the second degree with respect to an incident that took place on November 30, 2015, in Queens. The People's evidence at trial included, among other things, video surveillance footage recovered from a store near the scene depicting the assailant slashing the victim's back. The victim, in effect, refused to testify at trial. The defendant was convicted, upon a jury verdict, of assault in...

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