Home/New York Court of Appeals/People v. Jimenez

People v. Jimenez

433 N.E.2d 1270, 55 N.Y.2d 895, 449 N.Y.S.2d 22, 1982 N.Y. LEXIS 3097
CourtNew York Court of Appeals
DecidedFebruary 9, 1982
StatusPublished
Cited by42 cases

This text of 433 N.E.2d 1270 (People v. Jimenez) 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. Jimenez, 433 N.E.2d 1270, 55 N.Y.2d 895, 449 N.Y.S.2d 22, 1982 N.Y. LEXIS 3097 (N.Y. 1982).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by reversing defendant’s conviction for assault in the second degree, dismissing that part of the indictment, and vacating the sentence imposed on that count. As so modified, the order of the Appellate Division should be affirmed.

The People failed to prove that the victim of the alleged assault suffered physical injury within the meaning of subdivision 6 of section 120.05 and subdivision 9 of section 10.00 of the Penal Law. Testimony that the victim suffered a one centimeter cut above her lip, without more, was not adequate to prove that the victim suffered either “substantial pain” (Matter of Philip A., 49 NY2d 198) or “impairment of a physical condition” (People v McDowell, 28 NY2d 373, 375).

Defendant’s other contentions are either not preserved for review or do not warrant reversal by this court.

Chief Judge Cooke and Judges Jasen, Gabrielli, Wachtler, Fuchsberg and Meyer concur; Judge Jones taking no part.

Order modified in accordance with the memorandum herein and, as so modified, affirmed.

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

Related

People v. Wheeler
160 N.Y.S.3d 337 (Appellate Division of the Supreme Court of New York, 2022)
People v. Green
2021 NY Slip Op 02841 (Appellate Division of the Supreme Court of New York, 2021)
People v. Perez
40 Misc. 3d 448 (Criminal Court of the City of New York, 2013)
Mustafaj v. Holder
369 F. App'x 163 (Second Circuit, 2010)
In re Jonathan S.
55 A.D.3d 1324 (Appellate Division of the Supreme Court of New York, 2008)
People v. Gill
54 A.D.3d 965 (Appellate Division of the Supreme Court of New York, 2008)
In re Winston W.
29 A.D.3d 473 (Appellate Division of the Supreme Court of New York, 2006)
People v. Hogencamp
296 A.D.2d 662 (Appellate Division of the Supreme Court of New York, 2002)
People v. West
271 A.D.2d 806 (Appellate Division of the Supreme Court of New York, 2000)
In re Shawnell UU.
240 A.D.2d 947 (Appellate Division of the Supreme Court of New York, 1997)
People v. Karimi
204 A.D.2d 572 (Appellate Division of the Supreme Court of New York, 1994)
People v. Walker
633 N.E.2d 472 (New York Court of Appeals, 1994)
In re Kurt EE.
199 A.D.2d 945 (Appellate Division of the Supreme Court of New York, 1993)
In re Keith M.
196 A.D.2d 503 (Appellate Division of the Supreme Court of New York, 1993)
Commonwealth v. Rowlands
22 Pa. D. & C.4th 86 (Centre County Court of Common Pleas, 1993)
In re Scott QQ.
187 A.D.2d 867 (Appellate Division of the Supreme Court of New York, 1992)
People v. Smith
176 A.D.2d 904 (Appellate Division of the Supreme Court of New York, 1991)
People v. Henry Hightower
163 A.D.2d 489 (Appellate Division of the Supreme Court of New York, 1990)
People v. Roberts
163 A.D.2d 120 (Appellate Division of the Supreme Court of New York, 1990)
In re Christopher T.
156 A.D.2d 190 (Appellate Division of the Supreme Court of New York, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
433 N.E.2d 1270, 55 N.Y.2d 895, 449 N.Y.S.2d 22, 1982 N.Y. LEXIS 3097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jimenez-ny-1982.