PEOPLE v. DUBOIS

836 KA 17-01508.

200 A.D.3d 1601 (2021)

155 N.Y.S.3d 888

2021 NY Slip Op 07364

The People of the State of New York, Respondent, v. Quinnton M. DuBois, Appellant.

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

Decided December 23, 2021.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( MERIDETH H. SMITH OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( KAYLAN PORTER OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, Carni, Curran and DeJoseph, JJ.


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

Memorandum: Defendant appeals from a judgment convicting him after a nonjury trial of attempted assault in the second degree (Penal Law §§ 110.00, 120.05[1]). Defendant contends that the evidence is legally insufficient to establish that he intended to cause serious physical injury to the victim. We note at the outset that, contrary to the conclusion of the dissent, Supreme Court expressly...

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