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People v. Cionek

324 N.E.2d 544, 35 N.Y.2d 924, 365 N.Y.S.2d 161, 1974 N.Y. LEXIS 1083
CourtNew York Court of Appeals
DecidedDecember 20, 1974
StatusPublished
Cited by21 cases

This text of 324 N.E.2d 544 (People v. Cionek) 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 v. Cionek, 324 N.E.2d 544, 35 N.Y.2d 924, 365 N.Y.S.2d 161, 1974 N.Y. LEXIS 1083 (N.Y. 1974).

Opinion

Memorandum. We conclude that the trial court properly submitted to the jury the crime of menacing (Penal Law, § 120.15). Under the particular facts of this case menacing was a lesser included offense with respect to assault in the second degree (CPL 1.20, subd. 37), and there was a reasonable view of the evidence in this record which would have supported a finding that each of the defendants committed such lesser offense but did not commit the greater (CPL 300.50). Similarly we conclude that there was sufficient evidence to sustain the convictions.

We have examined defendants’ other contentions and find them to be without merit.

Chief Judge Breitel and Judges Jasen, Cabrielli, Jones, Wachtler, Babin and Stevens concur.

Orders affirmed in a memorandum.

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Bluebook (online)
324 N.E.2d 544, 35 N.Y.2d 924, 365 N.Y.S.2d 161, 1974 N.Y. LEXIS 1083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cionek-ny-1974.