Case Detail
CitationPeople v. Sleasman, 805 N.Y.S.2d 736 (N.Y. App. Div. 2005)
CrimeAssault
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2005
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the evidence was insufficient to support a finding of serious physical injury required for first-degree assault conviction, reducing the defendant's sentence. The court declined to grant a new trial due to prosecutor misconduct. "[A]lthough we agree that there were instances of prosecutorial misconduct, we note that Supreme Court promptly addressed and corrected each one of them and, as a result, defendant was not deprived of a fair trial [citations omitted]." The judgment was modified, on the law, by reducing defendant's conviction for assault in the first degree under count two of the indictment to assault in the third degree. The sentence imposed on said conviction was vacated and the matter was remitted to the Supreme Court for resentencing and for further proceedings.
Determination Year2005
Misconduct TypeUKN
C/S EffectReduction in sentence
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttps://casetext.com/case/people-v-sleasman