AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

THE PEOPLE, ETC., RESPONDENT, v. CHARLES WADE, APPELLANT. (IND. NO. 1711/98).

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, expert medical testimony may be used to establish that an injury was caused by a dangerous instrument (see, People v. Wilson, 240 A.D.2d 774, 775; People v. Goode, 216 A.D.2d 579; People v. Davis, 163 A.D.2d 826). Here, an emergency room nurse testified that the nature of the lacerations to the victim were "clear cut" with "no jagged edges" and concluded that they were caused by a sharp instrument such as a knife, blade, piece of glass, or scalpel. Such evidence belies the defendant's contention that the evidence was insufficient to establish the use of a dangerous instrument (see, People v. Vincent, 231 A.D.2d 444). Moreover, it was unnecessary for the police to recover the weapon in order to prove his guilt beyond a reasonable doubt (see, People v. Vincent, supra).

The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05) or without merit.

Use AI to get other relevant cases.

Comments

PEOPLE v. WADE
(Jul 12, 2000)