Legal Opinion

People v. Livoti

Appellate Terms of the Supreme Court of New York

Decided August 3, 1998Published

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Judgment of conviction rendered November 7, 1997 affirmed.

*952Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. The defendant police officer recklessly engaged in conduct which created a substantial risk of serious physical injury to another person when he grabbed the 16-year-old, handcuffed complainant in a choke hold and squeezed “like a claw” until directed to stop by another officer (see, Penal Law § 15.05 [3]; §…

3Cases cited6 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. GreeneNew York Court of Appeals · 1987
  4. People v. ChryslerNew York Court of Appeals · 1995
  5. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1991

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