Legal Opinion
People v. Wooden
Appellate Division of the Supreme Court of the State of New York
Decided September 29, 2000PublishedCited by 8 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant was convicting of assault in the second degree (Penal Law § 120.05 [2]) for striking the victim on the side of the head with a handgun. We reject defendant’s argument that a handgun is not a dangerous instrument. A gun that is used as a bludgeon “is readily capable of causing death or other serious physical injury” (Penal Law § 10.00 [13]; see, People v Richardson, 166 AD2d 158, lv denied 76 NY2d 1024).
*936We likewise reject defendant’s argument that the evidence is legally insufficient to establish that the victim sustained a physical injury,…
2Cases cited4 opinions
- People v. AkinAppellate Division of the Supreme Court of the State of New York · 1993
- People v. RichardsonAppellate Division of the Supreme Court of the State of New York · 1990
- In re Shawn L.Appellate Division of the Supreme Court of the State of New York · 1996
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by8 opinions
- People v. BartkowNew York Court of Appeals · 2001
- People v. BrittAppellate Division of the Supreme Court of the State of New York · 2002
- People v. BeckerAppellate Division of the Supreme Court of the State of New York · 2002
- BURNS, ALLEN J., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
- EMANUEL, JAMISON, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011
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