People v. Reid (Shawn)

Appellate Terms of the Supreme Court of New York

People v. Reid (Shawn)

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 19, 2018

Docket2018 NYSlipOp 50348(U)

StatusPublished

This text of People v. Reid (Shawn) (People v. Reid (Shawn)) 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.

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People v. Reid (Shawn), (N.Y. Ct. App. 2018).

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Opinion

<div align="center">The People of the State of New York, Respondent,

against Shawn Reid, Defendant-Appellant.</div>

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Abena Darkeh, J.), rendered June 24, 2016, convicting him, upon a plea of guilty, of attempted assault in the third degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Abena Darkeh, J.), rendered June 24, 2016, affirmed.

The accusatory instrument - comprising the misdemeanor complaint and domestic incident report signed by the arresting officer and the complainant - was not jurisdictionally defective. It charged all the elements of attempted third-degree assault (see Penal Law 110.00, 120.00[1]). Defendant's intent to cause physical injury could be readily inferred from allegations that, during a domestic dispute, defendant "choked," "hit" and "punch[ed]" complainant in the left and right eye, causing "bruising and swelling," and that complainant "observed the defendant strike her with a closed fist [and] place both hands around her neck and apply pressure" (see Penal Law 120.00[1]; Matter of Edward H., 61 AD3d 473 [2009]). Contrary to defendant's contention, the absence of "threatening language" and the fact that both parties were drinking and arguing did not negate a finding that he acted with the requisite injurious intent (see People v Waite, 2002 NY Slip Op 50260[U] [App Term, 1st Dept 2002], lv denied 99 NY2d 540 [2002]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: March 19, 2018

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<div align="center">The People of the State of New York, Respondent,

against Shawn Reid, Defendant-Appellant.</div>

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Abena Darkeh, J.), rendered June 24, 2016, convicting him, upon a plea of guilty, of attempted assault in the third degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Abena Darkeh, J.), rendered June 24, 2016, affirmed.

The accusatory instrument - comprising the misdemeanor complaint and domestic incident report signed by the arresting officer and the complainant - was not jurisdictionally defective. It charged all the elements of attempted third-degree assault (see Penal Law 110.00, 120.00[1]). Defendant's intent to cause physical injury could be readily inferred from allegations that, during a domestic dispute, defendant "choked," "hit" and "punch[ed]" complainant in the left and right eye, causing "bruising and swelling," and that complainant "observed the defendant strike her with a closed fist [and] place both hands around her neck and apply pressure" (see Penal Law 120.00[1]; Matter of Edward H., 61 AD3d 473 [2009]). Contrary to defendant's contention, the absence of "threatening language" and the fact that both parties were drinking and arguing did not negate a finding that he acted with the requisite injurious intent (see People v Waite, 2002 NY Slip Op 50260[U] [App Term, 1st Dept 2002], lv denied 99 NY2d 540 [2002]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: March 19, 2018

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People v. Reid (Shawn), Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-reid-shawn-nyappterm-2018.