Legal Opinion
People v. Jimenez
New York Court of Appeals
Decided February 9, 1982PublishedCited by 42 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be modified by reversing defendant’s conviction for assault in the second degree, dismissing that part of the indictment, and vacating the sentence imposed on that count. As so modified, the order of the Appellate Division should be affirmed.
The People failed to prove that the victim of the alleged assault suffered physical injury within the meaning of subdivision 6 of section 120.05 and subdivision 9 of section 10.00 of the Penal Law. Testimony that the victim suffered a one centimeter cut above her lip, without more,…
2Cases cited2 opinions
- In re Philip A.New York Court of Appeals · 1980
- People v. McDowellNew York Court of Appeals · 1971
3Cited by42 opinions
- People v. WalkerNew York Court of Appeals · 1994
- People v. RojasNew York Court of Appeals · 1984
- People v. GreeneNew York Court of Appeals · 1987
- People v. MalphursAppellate Division of the Supreme Court of the State of New York · 1985
- People v. GillAppellate Division of the Supreme Court of the State of New York · 2008
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