People v. Littlejohn

Appellate Division of the Supreme Court of New York

People v. Littlejohn

141 A.D.2d 850, 530 N.Y.S.2d 191, 1988 N.Y. App. Div. LEXIS 7107

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

DecidedJune 27, 1988

StatusPublished

Cited by2 cases

This text of 141 A.D.2d 850 (People v. Littlejohn) 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. Littlejohn, 141 A.D.2d 850, 530 N.Y.S.2d 191, 1988 N.Y. App. Div. LEXIS 7107 (N.Y. Ct. App. 1988).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lakritz, J.), rendered April 25, 1984, convicting him of attempted murder in the second degree and assault in' the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant violently struck the complainant in the head with a hatchet. He was convicted, as charged, of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) and of assault in the first degree (Penal Law § 120.10 [1]). He contends that the charge of assault in the first degree should be dismissed because that crime is a lesser included offense of the crime of attempted murder (see, CPL 300.30 [4]; 300.40). Although assault was at one time held to be a lesser included offense of attempted murder (see, People v Rosado, 53 AD2d 816; People v Huffman, 60 AD2d 962), "[i]n the wake of the Court of Appeals decisions in People v Green (56 NY2d 427 [rearg denied 57 NY2d 775]) and People v Glover (57 NY2d 61), such is no longer the case” (People v Davis, 95 AD2d 837, 838; [851]*851CPL 300.30). Hence, dismissal is not required. Mangano, J. P., Bracken, Weinstein and Balletta, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lakritz, J.), rendered April 25, 1984, convicting him of attempted murder in the second degree and assault in' the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant violently struck the complainant in the head with a hatchet. He was convicted, as charged, of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) and of assault in the first degree (Penal Law § 120.10 [1]). He contends that the charge of assault in the first degree should be dismissed because that crime is a lesser included offense of the crime of attempted murder (see, CPL 300.30 [4]; 300.40). Although assault was at one time held to be a lesser included offense of attempted murder (see, People v Rosado, 53 AD2d 816; People v Huffman, 60 AD2d 962), "[i]n the wake of the Court of Appeals decisions in People v Green (56 NY2d 427 [rearg denied 57 NY2d 775]) and People v Glover (57 NY2d 61), such is no longer the case” (People v Davis, 95 AD2d 837, 838; [851]*851CPL 300.30). Hence, dismissal is not required. Mangano, J. P., Bracken, Weinstein and Balletta, JJ., concur.

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Bluebook (online)

141 A.D.2d 850, 530 N.Y.S.2d 191, 1988 N.Y. App. Div. LEXIS 7107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-littlejohn-nyappdiv-1988.

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