People v. Harris
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of assault in the second degree (Penal Law § 120.05 [3]) and assault in the third degree (Penal Law § 120.00 [2]). Contrary to defendant’s contention, the proof presented by the People at trial supports the theories alleged in the indictment, and the proof is legally sufficient to support the conviction (see, People v Grega, 72 NY2d 489, 497; People v Spann, 56 NY2d 469, 473). Defendant further contends that Supreme Court erred in failing to include the words “by punching him” when…
2Cases cited10 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. BaldiNew York Court of Appeals · 1981
- People v. FloresNew York Court of Appeals · 1994
- People of State of New York v. GregaNew York Court of Appeals · 1988
- People v. SpannNew York Court of Appeals · 1982
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3Cited by6 opinions
- People v. ReyesAppellate Division of the Supreme Court of the State of New York · 2016
- People v. McCulloughAppellate Division of the Supreme Court of the State of New York · 2001
- Newton v. BurgeDistrict Court, W.D. New York · 2006
- People v. HackneyAppellate Division of the Supreme Court of the State of New York · 2002
- People v. ReyesAppellate Division of the Supreme Court of the State of New York · 2016
1 more not listed; retrieve them via the Exa API.