People v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Demakos, J.), rendered May 4, 1995, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
There is no merit to the defendant’s contention that the court erred when it refused to charge the jury with respect to assault in the third degree as a lesser-included offense of assault in the second degree. There is no reasonable view of the evidence presented at trial which would have permitted the jury to conclude that the defendant committed the…
2Cases cited16 opinions
- People v. . GaimariNew York Court of Appeals · 1903
- People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
- People v. TuckerNew York Court of Appeals · 1981
- People v. GreenNew York Court of Appeals · 1982
- People v. AgostoNew York Court of Appeals · 1989
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- People v. AfrikaAppellate Division of the Supreme Court of the State of New York · 2002
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 1998
- People v. SalazarAppellate Division of the Supreme Court of the State of New York · 2005
5 more not listed; retrieve them via the Exa API.