People v. David

Appellate Division of the Supreme Court of New York

People v. David

187 A.D.2d 396, 590 N.Y.S.2d 208, 1992 N.Y. App. Div. LEXIS 13347

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

DecidedNovember 24, 1992

StatusPublished

Cited by1 cases

This text of 187 A.D.2d 396 (People v. David) 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. David, 187 A.D.2d 396, 590 N.Y.S.2d 208, 1992 N.Y. App. Div. LEXIS 13347 (N.Y. Ct. App. 1992).

Pincite

Opinion

Judgment, Supreme Court, New York County (James J. Leff, J.), rendered October 31, 1990, convicting defendant, after a jury trial, of assault in the second degree, and sentencing her to a term of 2-16 to 7 years, unanimously affirmed.

The evidence at trial, which included eyewitness testimony, established beyond a reasonable doubt that defendant intentionally caused physical injury with a dangerous instrument (Penal Law § 120.05 [2]). The complainant, after making a purchase in a bakery in Grand Central Station, was attacked by defendant for no apparent reason with a shopping bag containing bricks that was still in defendant’s possession when she was arrested soon after the incident. Since defendant denied the attack, there was no reasonable view of the evidence that she was guilty of assault in the third degree by recklessly or negligently causing physical injury (Penal Law § 120.00 [2], [3]), and the court thus properly refused to charge a lesser included offense (CPL 300.50 [2]; see, People v Glover, 57 NY2d 61, 64). Concur—Carro, J. P., Milonas, Ellerin, Wallach and Kupferman, JJ.

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

Judgment, Supreme Court, New York County (James J. Leff, J.), rendered October 31, 1990, convicting defendant, after a jury trial, of assault in the second degree, and sentencing her to a term of 2-16 to 7 years, unanimously affirmed.

The evidence at trial, which included eyewitness testimony, established beyond a reasonable doubt that defendant intentionally caused physical injury with a dangerous instrument (Penal Law § 120.05 [2]). The complainant, after making a purchase in a bakery in Grand Central Station, was attacked by defendant for no apparent reason with a shopping bag containing bricks that was still in defendant’s possession when she was arrested soon after the incident. Since defendant denied the attack, there was no reasonable view of the evidence that she was guilty of assault in the third degree by recklessly or negligently causing physical injury (Penal Law § 120.00 [2], [3]), and the court thus properly refused to charge a lesser included offense (CPL 300.50 [2]; see, People v Glover, 57 NY2d 61, 64). Concur—Carro, J. P., Milonas, Ellerin, Wallach and Kupferman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

187 A.D.2d 396, 590 N.Y.S.2d 208, 1992 N.Y. App. Div. LEXIS 13347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-david-nyappdiv-1992.

Opinion

Related

Cite This Page — Counsel Stack