People v. Martini

Appellate Terms of the Supreme Court of New York

People v. Martini

66 Misc. 2d 206, 319 N.Y.S.2d 892, 1971 N.Y. Misc. LEXIS 1768

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 12, 1971

StatusPublished

This text of 66 Misc. 2d 206 (People v. Martini) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Martini, 66 Misc. 2d 206, 319 N.Y.S.2d 892, 1971 N.Y. Misc. LEXIS 1768 (N.Y. Ct. App. 1971).

Pincite

Opinion

Per Curiam.

The defendant was charged with the sole crime of assault in the third degree (Penal Law, § 120.00). After trial on March 5, 1970 she was found guilty of harassment (Penal Law, § 240.25) on the theory expressly propounded by the trial court on the record, that the latter violation is a lesser included offense in the crime of assault. On November 19, 1970 the Court of Appeals in deciding the case of People v. Moyer (27 N Y 2d 252) explicitly held (p. 254) that “harassment may not be considered a lesser included offense * * * in the crime of assault ’ ’ and affirmed a reversal by the Appellate Division of a conviction for harassment under an information. [207]*207charging assault. The District Attorney of Bronx County, recognizing the direct, conclusive impact of People v. Moyer (supra) on the conviction of this appellant, joins with the latter in urging that her conviction be reversed. The judgment of conviction should be reversed on the law and the complaint charging assault in the third degree, dismissed.

Concur — Streit, J. P., Gold and Qttixh, JJ.

Judgment reversed, etc.

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

Per Curiam.

The defendant was charged with the sole crime of assault in the third degree (Penal Law, § 120.00). After trial on March 5, 1970 she was found guilty of harassment (Penal Law, § 240.25) on the theory expressly propounded by the trial court on the record, that the latter violation is a lesser included offense in the crime of assault. On November 19, 1970 the Court of Appeals in deciding the case of People v. Moyer (27 N Y 2d 252) explicitly held (p. 254) that “harassment may not be considered a lesser included offense * * * in the crime of assault ’ ’ and affirmed a reversal by the Appellate Division of a conviction for harassment under an information. [207]*207charging assault. The District Attorney of Bronx County, recognizing the direct, conclusive impact of People v. Moyer (supra) on the conviction of this appellant, joins with the latter in urging that her conviction be reversed. The judgment of conviction should be reversed on the law and the complaint charging assault in the third degree, dismissed.

Concur — Streit, J. P., Gold and Qttixh, JJ.

Judgment reversed, etc.

Cite This Page — Counsel Stack

Bluebook (online)

66 Misc. 2d 206, 319 N.Y.S.2d 892, 1971 N.Y. Misc. LEXIS 1768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-martini-nyappterm-1971.