People v. Ryan

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was convicted of assault in the first degree (Penal Law § 120.10) and leaving the scene of an incident without reporting (Vehicle and Traffic Law § 600 [2] [a]) based upon the defendant’s striking and seriously injuring a pedestrian with the car he was driving. The Appellate Division affirmed his conviction, one Justice dissenting (229 AD2d 623).

Upon examining all of the circumstances of this case, "viewed in totality and as of the time of the representation,” we conclude that defendant was not…