REPEATEDLY STABBED CABBIE IN THE NECK WITH A KNIFE
After J.L. was convicted of “attempted assault in the first degree and robbery in the second degree,” and was sentenced (as a second felony offender) by the Bronx County Supreme Court “to an aggregate term of 15 years,” J.L. appealed.
On its review, the Appellate Division, First Department, noted that the verdict was supported by “legally sufficient evidence, and was not against the weight of the evidence.”
J.L.’s stabbing of a cabbie in the neck supported the finding that he intended to cause “serious physical injury.” And his driving off with the cab (which contained the cabbie’s cell phone and money) evinced an intent to deprive the cabbie of his property (even though J.L. later abandoned the vehicle).
And since the balance of his contentions – relating to the use of his DNA and his challenge of the court’s “interested witness charge” – were summarily discounted, the AD1 left the outcome undisturbed.
Looks like JL will be deprived of his liberty for quite some time.
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DECISION