AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARL JUNIOR ROSS, Appellant.

Ordered that the judgment is affirmed.

Based upon the testimony of the treating surgeon and paramedic, the jury could find, beyond a reasonable doubt, that the complainant's three stab wounds placed him in a substantial risk of death and thus find the defendant guilty of assault in the first degree (see, Penal Law § 10.00; § 120.10 [1]). The surgeon's testimony that the wounds created a substantial risk of death if not treated promptly or adequately was not too conjectural to support a finding that the wounds constituted serious physical injury (see, People v. Griffin, 100 A.D.2d 659).

The alleged errors in the prosecutor's summation were not objected to at trial and are therefore unpreserved for appellate review (see, People v. Thomas, 50 N.Y.2d 467; People v. Putland, 105 A.D.2d 199). A reversal in the interest of justice is not warranted. Niehoff, J.P., Rubin, Eiber and Kunzeman, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. ROSS
(Dec 8, 1986)