People v. Dingley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHerlihy, P. J.
During an altercation between defendant and one Connolly, an off-duty police officer, defendant bit off Connolly’s left ear. The defendant attempted to prove that he was justified in using the degree of physical force he employed against Connolly under subdivision 2 of section 35.15 of the Penal Law. The jury returned a verdict of not guilty of the crime of assault in the first degree (Penal Law, § 120.10), for which defendant had been indicted, but found defendant guilty of assault in the second degree (Penal Law, § 120.05).
The primary issue raised by the defendant upon this appeal is his…
2Cases cited11 opinions
- People v. . TomlinsNew York Court of Appeals · 1914
- Shorter v. . the PeopleNew York Court of Appeals · 1849
- People v. . KennedyNew York Court of Appeals · 1899
- People v. LigouriNew York Court of Appeals · 1940
- People v. . GovernaleNew York Court of Appeals · 1908
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3Cited by6 opinions
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- Washington v. HarrisDistrict Court, S.D. New York · 1980
- People v. MackloweAppellate Division of the Supreme Court of the State of New York · 1987
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