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People v. Belcher

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 2001
289 A.D.2d 1039 (N.Y. App. Div. 2001)

Opinion

(1692) KA 01-00483

December 21, 2001.

(Appeal from Judgment of Ontario County Court, Harvey, J. — Assault, 1st Degree.)

PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, KEHOE AND GORSKI, JJ.


Judgment unanimously affirmed.

Memorandum:

Defendant was convicted of assault in the first degree (Penal Law § 120.10) and assault in the second degree (Penal Law § 120.05). The charges arose when defendant shook his two-month-old son, causing a serious brain injury. We reject defendant's contention that the verdict is repugnant. Defendant could intend to cause physical injury to his son and, at the same time, recklessly create "a grave risk that a different, more serious result — death — would ensue from his actions" ( People v. Trappier, 87 N.Y.2d 55, 59; see also, People v. Moloi, 135 A.D.2d 576, 577, lv denied 70 N.Y.2d 1009). The sentence is neither unduly harsh nor severe.


Summaries of

People v. Belcher

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 2001
289 A.D.2d 1039 (N.Y. App. Div. 2001)
Case details for

People v. Belcher

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. BRIAN J…

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

Date published: Dec 21, 2001

Citations

289 A.D.2d 1039 (N.Y. App. Div. 2001)
735 N.Y.S.2d 299

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