People v. Faulkner

Appellate Division of the Supreme Court of New York

People v. Faulkner

32 A.D.2d 790, 302 N.Y.S.2d 602, 1969 N.Y. App. Div. LEXIS 3801

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

DecidedJune 9, 1969

StatusPublished

This text of 32 A.D.2d 790 (People v. Faulkner) 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. Faulkner, 32 A.D.2d 790, 302 N.Y.S.2d 602, 1969 N.Y. App. Div. LEXIS 3801 (N.Y. Ct. App. 1969).

Pincite

Opinion

Appeal from a judgment of the Supreme Court, Kings County, rendered April 27, 1967, convicting defendant of assault in the second degree (two counts) and maiming, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and the facts, and indictment dismissed. Under sections 242 and 1400 of the Penal Law of 1909, the element, of “ intent ” is necessary to sustain convictions for assault in the second degree [791]*791and maiming. In our view the People failed to prove the essential element of “intent” beyond a reasonable doubt (People v. La Belle, 18 N Y 2d 405, 412) and, accordingly, the convictions cannot be sustained. Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, JJ., concur.

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Appeal from a judgment of the Supreme Court, Kings County, rendered April 27, 1967, convicting defendant of assault in the second degree (two counts) and maiming, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and the facts, and indictment dismissed. Under sections 242 and 1400 of the Penal Law of 1909, the element, of “ intent ” is necessary to sustain convictions for assault in the second degree [791]*791and maiming. In our view the People failed to prove the essential element of “intent” beyond a reasonable doubt (People v. La Belle, 18 N Y 2d 405, 412) and, accordingly, the convictions cannot be sustained. Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, JJ., concur.

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Bluebook (online)

32 A.D.2d 790, 302 N.Y.S.2d 602, 1969 N.Y. App. Div. LEXIS 3801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-faulkner-nyappdiv-1969.