People v Persad (Frank)

State: New York

Court: New York Northern District Court

Docket No: 2006 NYSlipOp 52220(U)

Case Date: 10/27/2006

Plaintiff: People

Defendant: Persad (Frank)

Preview:People v Persad (2006 NY Slip Op 52220(U))
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Decided on October 27, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT:: PESCE, P.J., GOLIA and RIOS, JJ 2005-806 Q CR.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
against
Frank Persad, Appellant.
Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Lenora Gerald, J.), rendered on May 11, 2005. The judgment convicted defendant, after a nonjury trial, of attempted assault in the third degree and harassment in the second degree.
Judgment of conviction reversed on the law and accusatory instrument dismissed.
Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), we conclude that the evidence was legally insufficient to establish defendant's guilt of attempted assault in the third degree (Penal Law

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