People v. Enos

Appellate Division of the Supreme Court of New York

People v. Enos

59 A.D.2d 803, 398 N.Y.S.2d 760, 1977 N.Y. App. Div. LEXIS 13880

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

DecidedOctober 20, 1977

StatusPublished

This text of 59 A.D.2d 803 (People v. Enos) 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. Enos, 59 A.D.2d 803, 398 N.Y.S.2d 760, 1977 N.Y. App. Div. LEXIS 13880 (N.Y. Ct. App. 1977).

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Opinion

Appeal from a judgment of the Tompkins County Court, rendered February 8, 1977 upon a verdict convicting defendant of the crime of assault in the third degree. Assault in the third degree is defined, inter alia, as intentionally causing physical injury to another person (Penal Law, § 120.00, subd 1). "Physical injury” means impairment of physical condition or substantial pain (Penal Law, § 10.00, subd 9) as distinguished from "Serious physical injury” (Penal Law, § 10.00, subd 10). Defendant was in a bar fight. His opponent was knocked unconscious. Defendant admitted on the stand that he walked over and kicked the prone man in the head with a foot covered in a plaster cast. In light of this admission, imperfections in the trial procedure, if any, were harmless (People v Crimmins, 36 NY2d 230). Judgment affirmed. Sweeney, J. P., Mahoney, Larkin, Mikoll and Herlihy, JJ., concur.

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Appeal from a judgment of the Tompkins County Court, rendered February 8, 1977 upon a verdict convicting defendant of the crime of assault in the third degree. Assault in the third degree is defined, inter alia, as intentionally causing physical injury to another person (Penal Law, § 120.00, subd 1). "Physical injury” means impairment of physical condition or substantial pain (Penal Law, § 10.00, subd 9) as distinguished from "Serious physical injury” (Penal Law, § 10.00, subd 10). Defendant was in a bar fight. His opponent was knocked unconscious. Defendant admitted on the stand that he walked over and kicked the prone man in the head with a foot covered in a plaster cast. In light of this admission, imperfections in the trial procedure, if any, were harmless (People v Crimmins, 36 NY2d 230). Judgment affirmed. Sweeney, J. P., Mahoney, Larkin, Mikoll and Herlihy, JJ., concur.

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Bluebook (online)

59 A.D.2d 803, 398 N.Y.S.2d 760, 1977 N.Y. App. Div. LEXIS 13880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-enos-nyappdiv-1977.

Opinion

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