People v. Collins, 43 A.D.3d 1338 (N.Y. App. Div. 2007). · Go Syfert
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People v. Collins, 43 A.D.3d 1338 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Maldonado
N.Y. App. Div. · 2020 · confidence medium
We further conclude in that respect that the evidence is legally sufficient to establish that defendant intended to cause serious physical injury to the boyfriend ( see People v Collins , 43 AD3d 1338, 1338 [4th Dept 2007], lv denied 9 NY3d 1005 [2007]; see generally People v Ramos , 19 NY3d 133, 136-137 [2012]).
discussed Cited as authority (rule) People v. Pierce
N.Y. App. Div. · 2016 · confidence medium
Contrary to defendant’s contention, the court properly refused to suppress his statements to the police inasmuch as the record establishes that defendant spoke “freely and unguardedly” in the presence of two different police officers after voluntarily waiving his Miranda rights (People v Cascio, 79 AD3d 1809 , 1811 [2010], lv denied 16 NY3d 893 [2011]; see People v Carbonaro, 134 AD3d 1543 , 1547-1548 [2015], lv denied 27 NY3d 994 [2016], reconsideration denied 27 NY3d 1149 [2016]; People v Collins, 43 AD3d 1338, 1339 [2007], lv denied 9 NY3d 1005 [2007]).
discussed Cited as authority (rule) People v. Pierce
N.Y. App. Div. · 2016 · confidence medium
Contrary to defendant’s contention, the court properly refused to suppress his statements to the police inasmuch as the record establishes that defendant spoke “freely and unguardedly” in the presence of two different police officers after voluntarily waiving his Miranda rights (People v Cascio, 79 AD3d 1809 , 1811 [2010], lv denied 16 NY3d 893 [2011]; see People v Carbonaro, 134 AD3d 1543 , 1547-1548 [2015], lv denied 27 NY3d 994 [2016], reconsideration denied 27 NY3d 1149 [2016]; People v Collins, 43 AD3d 1338, 1339 [2007], lv denied 9 NY3d 1005 [2007]).
discussed Cited as authority (rule) People v. Nafi
N.Y. App. Div. · 2015 · confidence medium
Although the evidence established that the stab wounds inflicted by defendant were not the fatal stab wounds, “[t]he evidence that defendant stabbed the victim multiple times is legally sufficient to establish that defendant intended to cause serious physical injury to the victim” (People v Simpson, 35 AD3d 1182, 1182 [2006], lv denied 8 NY3d 990 [2007]; see People v Rivera, 23 NY3d 112, 124 [2014]; People v Collins, 43 AD3d 1338, 1338 [2007], lv denied 9 NY3d 1005 [2007]; cf. People v Stevens, 153 AD2d 768 , 769 [1989], affd 76 NY2d 833 [1990]).
discussed Cited as authority (rule) People v. Nafi
N.Y. App. Div. · 2015 · confidence medium
Although the evidence established that the stab wounds inflicted by defendant were not the fatal stab wounds, “[t]he evidence that defendant stabbed the victim multiple times is legally sufficient to establish that defendant intended to cause serious physical injury to the victim” (People v Simpson, 35 AD3d 1182, 1182 [2006], lv denied 8 NY3d 990 [2007]; see People v Rivera, 23 NY3d 112, 124 [2014]; People v Collins, 43 AD3d 1338, 1338 [2007], lv denied 9 NY3d 1005 [2007]; cf. People v Stevens, 153 AD2d 768 , 769 [1989], affd 76 NY2d 833 [1990]).
cited Cited as authority (rule) People v. Taylor
N.Y. App. Div. · 2008 · confidence medium
Also contrary to the contention of defendant, the court properly refused to suppress his statement to the police (see People v Collins, 43 AD3d 1338, 1339 [2007], lv denied 9 NY3d 1005 [2007]).
discussed Cited "see" People v. Gorton
N.Y. App. Div. · 2021 · signal: see · confidence high
We conclude that "the natural and probable consequence of defendant's conduct in thrusting a knife four inches into the victim's torso is, at a minimum, serious physical injury" ( People v Simpson , 173 AD3d 1617 , 1618 [4th Dept 2019], lv denied 34 NY3d 954 [2019]; see People v Collins , 43 AD3d 1338, 1338 [4th Dept 2007], lv denied 9 NY3d 1005 [2007]; see also People v Smajlaj , 160 AD3d 455 , 456 [1st Dept 2018], lv denied 31 NY3d 1121 [2018]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Charleston Collins
Appellate Division of the Supreme Court of the State of New York.
Sep 28, 2007.
43 A.D.3d 1338
Cited by 9 opinions  |  Published

from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered May 14, 2003. The judgment convicted defendant, upon a jury verdict, of manslaughter in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of manslaughter in the first degree (Penal Law § 125.20 [1]). Contrary to defendant’s contention, the conviction is supported by legally sufficient evidence and the verdict is not against the weight of the evidence (see People v Bisono, 37 AD3d 844 [2007], lv denied 8 NY3d 981 [2007]; People v Garcia, 308 AD2d 389 [2003], lv denied 1 NY3d 572). The intent of defendant to cause serious physical injury may be inferred from his conduct in stabbing the victim (see People v Steinberg, 79 NY2d 673, 682 [1992]; People v Tedesco, 30 AD3d 1075, 1076 [2006], lv denied 7 NY3d 818 [2006]; People v Shero, 283 AD2d 953 [2001], lv denied 96 NY2d 868 [2001]). Although defendant contends that a prosecution witness was not credible, it was for the jury to resolve issues of credibility, and its determination is entitled to great deference on appeal (see Bisono, 37 AD3d at 844-845; People v Williams, 284 AD2d 957 [2001], lv denied 96 NY2d 943 [2001]).

[*1339] Contrary to the further contention of defendant, County Court properly refused to suppress his statement to the police. The court’s assessment of the credibility of the police officer who testified at the suppression hearing is entitled to deference (see People v Prochilo, 41 NY2d 759, 761 [1977]), and the record supports the court’s determination that defendant voluntarily made the statement after waiving his Miranda rights (see People v Gainey, 34 AD3d 1250 [2006], Iv denied 8 NY3d 880 [2007]). We have reviewed defendant’s remaining contentions and conclude that they are without merit. Present—Gorski, J.P., Smith, Centra, Fahey and Pine, JJ.