People v. Maybee

Appellate Division of the Supreme Court of New York

People v. Maybee

148 A.D.2d 923, 540 N.Y.S.2d 212, 1989 N.Y. App. Div. LEXIS 2455

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

DecidedMarch 10, 1989

StatusPublished

Cited by3 cases

This text of 148 A.D.2d 923 (People v. Maybee) 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. Maybee, 148 A.D.2d 923, 540 N.Y.S.2d 212, 1989 N.Y. App. Div. LEXIS 2455 (N.Y. Ct. App. 1989).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: The trial court did not err in declining defendant’s request to charge third degree assault (Penal Law § 120.00 [2] [reckless conduct], [3] [criminally negligent conduct]) as lesser included offenses of second degree intentional assault (Penal Law § 120.05 [1]). Viewing the evidence in the light most favorable to defendant (see, People v Greer, 42 NY2d 170), we see nothing in the record which would support a finding that defendant acted other than intentionally when he struck the victim (see, CPL 300.50 [2]; People v Green, 56 NY2d 427, 430, 434, rearg denied 57 NY2d 775; People v Johnson, 110 AD2d 1057, lv denied 66 NY2d 615). (Appeal from judgment of Genesee County Court, Morton, J. — assault, second degree; criminal mischief, fourth degree.) Present— Dillon, P. J., Boomer, Green, Pine and Davis, JJ.

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

Judgment unanimously affirmed. Memorandum: The trial court did not err in declining defendant’s request to charge third degree assault (Penal Law § 120.00 [2] [reckless conduct], [3] [criminally negligent conduct]) as lesser included offenses of second degree intentional assault (Penal Law § 120.05 [1]). Viewing the evidence in the light most favorable to defendant (see, People v Greer, 42 NY2d 170), we see nothing in the record which would support a finding that defendant acted other than intentionally when he struck the victim (see, CPL 300.50 [2]; People v Green, 56 NY2d 427, 430, 434, rearg denied 57 NY2d 775; People v Johnson, 110 AD2d 1057, lv denied 66 NY2d 615). (Appeal from judgment of Genesee County Court, Morton, J. — assault, second degree; criminal mischief, fourth degree.) Present— Dillon, P. J., Boomer, Green, Pine and Davis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

148 A.D.2d 923, 540 N.Y.S.2d 212, 1989 N.Y. App. Div. LEXIS 2455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-maybee-nyappdiv-1989.

Opinion

Related

Cite This Page — Counsel Stack