PEOPLE v. YANCY

1080 KA 18-02068.

203 A.D.3d 1713 (2022)

162 N.Y.S.3d 845

2022 NY Slip Op 01939

The People of the State of New York, Respondent, v. Rakim Yancy, Appellant.

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

Decided March 18, 2022.


Attorney(s) appearing for the Case

KAMAN BERLOVE MARAFIOTI JACOBSTEIN & GOLDMAN, LLP, ROCHESTER ( GARY MULDOON OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( LISA GRAY OF COUNSEL), FOR RESPONDENT.

Present —Peradotto, J.P., Carni, Lindley, Curran and Bannister, JJ.


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

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of assault in the second degree (Penal Law § 120.05[3]), arising from an escalating encounter with a police officer during which defendant ultimately punched the officer multiple times. We affirm.

Contrary to defendant's contention, under the circumstances of this case, we conclude that County Court did...

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