People v Perez

Holding The appellate court affirmed the defendant’s convictions for assault in the second degree and criminal possession of a weapon in the third degree, finding the evidence legally sufficient and the verdict not against the weight of the evidence. The court also rejected the defendant’s claims of ineffective assistance of counsel and vindictive sentencing.

The court’s words

we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant acted with the requisite intent to cause physical injury to the complainant

2026 NY Slip Op 05557, at the official text

we are satisfied that the verdict of guilt on the charge of assault in the second degree was not against the weight of the evidence

2026 NY Slip Op 05557, at the official text

the court providently exercised its discretion in determining that there was no good cause shown for the defendant's requests, made through his counsel, to relieve his assigned counsel

2026 NY Slip Op 05557, at the official text

the record fails to establish that the sentence imposed was vindictive or that the County Court penalized the defendant for exercising his right to proceed to trial

2026 NY Slip Op 05557, at the official text