Legal Opinion

People v. Carter

New York Court of Appeals

Decided June 9, 1981PublishedCited by 161 opinions

1Opinion of the Court

OPINION OF THE COURT

Jasen, J.

The issue on this appeal is whether a rubber boot used to stomp upon the head of a helpless victim is a dangerous instrument within the meaning of the Penal Law.

On the afternoon of February 26, 1978, defendant was driving through the City of Albany with his girlfriend, Frances Coleman, when the two began to quarrel. Defendant pulled his car to the curb in the vicinity of 10 Lark Drive. Coleman exited the car and began to walk away. As she was leaving, defendant viciously assaulted her. He began by striking her several times with his fists. She fell to the ground.…

2Cases cited11 opinions

  1. People v. CwiklaNew York Court of Appeals · 1979
  2. Commonwealth v. ApplebyMassachusetts Supreme Judicial Court · 1980
  3. People v. GoolsbyMichigan Supreme Court · 1938
  4. People v. CwiklaAppellate Division of the Supreme Court of the State of New York · 1977
  5. People v. RumanerAppellate Division of the Supreme Court of the State of New York · 1974

6 more not listed; retrieve them via the Exa API.

3Cited by161 opinions

  1. People v. DodtNew York Court of Appeals · 1984
  2. People v. VasquezNew York Court of Appeals · 1996
  3. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. BartkowNew York Court of Appeals · 2001
  5. People v. OwusuNew York Court of Appeals · 1999

156 more not listed; retrieve them via the Exa API.

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