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People v. Cobbs

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1991
174 A.D.2d 751 (N.Y. App. Div. 1991)

Opinion

June 24, 1991

Appeal from the County Court, Orange County (Pano Patsalos, J.).


Ordered that the judgment is affirmed.

On March 5, 1988, the defendant stabbed a woman to death outside of a bar in Newburgh, New York. The defendant argues on appeal that the evidence was legally insufficient to support her conviction for manslaughter in the first degree because the People failed to prove that she acted with intent to cause serious physical injury to the victim. We disagree.

Viewing the evidence in a light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we conclude that there was legally sufficient evidence of the defendant's intent to cause serious physical injury to the victim. Two witnesses testified that the defendant displayed a knife earlier in the evening. The defendant told both witnesses that she was prepared if anyone "messed" with her. The defendant stated to one witness that she would "kill" anyone that "f**ked" with her. All of the witnesses portrayed the defendant as the initial aggressor. One witness heard the defendant tell the victim that she was going to cut her.

The defendant's claim that she acted in self-defense is totally inconsistent with the evidence. Although the defendant asserted that she was stabbed in the leg by the victim, none of the witnesses saw a weapon in the victim's hand and a search of the victim's belongings did not uncover a weapon. A microscopic examination of the defendant's pants did not reveal any rips or tears.

Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

Finally, the defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Kooper, J.P., Sullivan, Lawrence and Rosenblatt, JJ., concur.


Summaries of

People v. Cobbs

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1991
174 A.D.2d 751 (N.Y. App. Div. 1991)
Case details for

People v. Cobbs

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BARBARA COBBS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 24, 1991

Citations

174 A.D.2d 751 (N.Y. App. Div. 1991)
571 N.Y.S.2d 576

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