Home/New York Court of Appeals/People ex rel. Gray v. Tekben

People ex rel. Gray v. Tekben

439 N.E.2d 875, 57 N.Y.2d 651, 454 N.Y.S.2d 66, 1982 N.Y. LEXIS 3599
CourtNew York Court of Appeals
DecidedJuly 2, 1982
StatusPublished
Cited by40 cases

This text of 439 N.E.2d 875 (People ex rel. Gray v. Tekben) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People ex rel. Gray v. Tekben, 439 N.E.2d 875, 57 N.Y.2d 651, 454 N.Y.S.2d 66, 1982 N.Y. LEXIS 3599 (N.Y. 1982).

Opinion

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order, insofar as appealed from, affirmed, without costs. The crime of assault in the third degree under subdivision 1 of section 120.00 of the Penal Law is not a lesser included offense of assault in the second degree under subdivision 3 of section 120.05 of the Penal Law inasmuch as it is possible to commit the latter without possessing the intent to injury which is the gravamen of the former (cf. People v Glover, 57 NY2d 61). Petitioner’s detention is premised on an invalid verdict and is, therefore, unlawful.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Miller
845 N.E.2d 451 (New York Court of Appeals, 2006)
People v. Roger
287 A.D.2d 747 (Appellate Division of the Supreme Court of New York, 2001)
People v. Doe
271 A.D.2d 29 (Appellate Division of the Supreme Court of New York, 2000)
People v. Napoli
172 Misc. 2d 52 (New York Supreme Court, 1996)
People v. Pierce
201 A.D.2d 677 (Appellate Division of the Supreme Court of New York, 1994)
People v. Jackson
154 Misc. 2d 769 (New York Supreme Court, 1992)
People v. Casiano
176 A.D.2d 632 (Appellate Division of the Supreme Court of New York, 1991)
People v. Alexander
163 A.D.2d 879 (Appellate Division of the Supreme Court of New York, 1990)
People v. Vogler
156 A.D.2d 932 (Appellate Division of the Supreme Court of New York, 1989)
People v. Winslow
153 A.D.2d 965 (Appellate Division of the Supreme Court of New York, 1989)
People v. Udzinski
146 A.D.2d 245 (Appellate Division of the Supreme Court of New York, 1989)
People v. Campbell
532 N.E.2d 86 (New York Court of Appeals, 1988)
People v. Cotton
143 A.D.2d 680 (Appellate Division of the Supreme Court of New York, 1988)
People v. Fountain
135 Misc. 2d 312 (New York County Courts, 1987)
People v. Westergard
113 A.D.2d 640 (Appellate Division of the Supreme Court of New York, 1985)
People v. Praetz
115 A.D.2d 624 (Appellate Division of the Supreme Court of New York, 1985)
People v. Weissinger
104 A.D.2d 917 (Appellate Division of the Supreme Court of New York, 1984)
People v. Ford
465 N.E.2d 322 (New York Court of Appeals, 1984)
People v. Lee
100 A.D.2d 357 (Appellate Division of the Supreme Court of New York, 1984)
People v. Walsh
123 Misc. 2d 1042 (New York Supreme Court, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
439 N.E.2d 875, 57 N.Y.2d 651, 454 N.Y.S.2d 66, 1982 N.Y. LEXIS 3599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-gray-v-tekben-ny-1982.