In re Kisha J.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The charges in this case arose out an incident which occurred on a city bus in Brooklyn. The complainant, who was seven- and-one-half months pregnant at the time, alleged that the appellant kicked her twice in the abdomen during an altercation on the bus.
For purposes of the attempted abortion charge, the presentment agency adequately proved the element of intent. Although the evidence was in conflict as to whether the appellant was aware of the victim’s pregnancy before she began kicking her, the resolution of this inconsistency was for the trier of fact, who saw and heard the witnesses (see,…
2Cases cited6 opinions
- People v. . GaimariNew York Court of Appeals · 1903
- People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
- In re Philip A.New York Court of Appeals · 1980
- People v. RojasNew York Court of Appeals · 1984
- People v. CowardAppellate Division of the Supreme Court of the State of New York · 1984
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In re Sydney N.Appellate Division of the Supreme Court of the State of New York · 2007
- Matter of Buskey v. BuskeyAppellate Division of the Supreme Court of the State of New York · 2015
- In re Wanji W.Appellate Division of the Supreme Court of the State of New York · 2000
- People v. CottoNew York Supreme Court · 1996
- In re Vanna W.Appellate Division of the Supreme Court of the State of New York · 2007
5 more not listed; retrieve them via the Exa API.