People v. Booker

Appellate Division of the Supreme Court of New York

People v. Booker

61 A.D.2d 988, 402 N.Y.S.2d 605, 1978 N.Y. App. Div. LEXIS 10609

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 6, 1978

StatusPublished

This text of 61 A.D.2d 988 (People v. Booker) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Booker, 61 A.D.2d 988, 402 N.Y.S.2d 605, 1978 N.Y. App. Div. LEXIS 10609 (N.Y. Ct. App. 1978).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 28, 1975, convicting him of robbery in the first degree and assault in the second degree, upon a jury verdict, and imposing sentence. Judgment modified, on the facts, by reversing the conviction of assault in the second degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. The People failed to establish beyond a reasonable doubt that the complainant suffered a "physical injury”; the assault count must therefore be dismissed (see Penal Law, § 10.00, subd 9; People v McDowell, 28 NY2d 373). Appellant’s other contentions have been considered and have been found to be without merit. Hopkins, J. P., Martuscello, Latham and O’Connor, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 28, 1975, convicting him of robbery in the first degree and assault in the second degree, upon a jury verdict, and imposing sentence. Judgment modified, on the facts, by reversing the conviction of assault in the second degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. The People failed to establish beyond a reasonable doubt that the complainant suffered a "physical injury”; the assault count must therefore be dismissed (see Penal Law, § 10.00, subd 9; People v McDowell, 28 NY2d 373). Appellant’s other contentions have been considered and have been found to be without merit. Hopkins, J. P., Martuscello, Latham and O’Connor, JJ., concur.

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Bluebook (online)

61 A.D.2d 988, 402 N.Y.S.2d 605, 1978 N.Y. App. Div. LEXIS 10609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-booker-nyappdiv-1978.

Opinion

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