Legal Opinion

People v. Austin

Appellate Division of the Supreme Court of the State of New York

Decided June 1, 1987PublishedCited by 7 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Miller, J.), rendered April 14, 1984, convicting her of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reducing the conviction of assault in the second degree to one of assault in the third degree and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and *491the matter is remitted to the Supreme Court, Kings County, for resentencing.

The uncontroverted testimony adduced at trial indicates that the defendant struck…

2Cases cited4 opinions

  1. People v. CarterNew York Court of Appeals · 1981
  2. People v. RumanerAppellate Division of the Supreme Court of the State of New York · 1974
  3. People v. PeetAppellate Division of the Supreme Court of the State of New York · 1984
  4. People v. PeetNew York Court of Appeals · 1985

3Cited by7 opinions

  1. People v. GachelinAppellate Division of the Supreme Court of the State of New York · 1997
  2. People v. LudwigAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. NealyAppellate Division of the Supreme Court of the State of New York · 1998
  4. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1997
  5. People v. AzorNew York Supreme Court · 1998

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