People v. Fasano
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously reversed, on the law and facts, and new trial granted. Memorandum: The jury convicted defendant of assault in the second degree (Penal Law, § 120.05, subd 2) as charged in the indictment. At trial, defendant requested that assault in the third degree, under subdivision 3 of section 120.00 of the Penal Law, be charged as a lesser included offense. The trial court erroneously denied the request, and we reverse.
The evidence demonstrated that defendant, piqued by his then-seven-year-old son’s behavior, picked up the child by his arms and shoulders and pounded him feet first…
2Cases cited6 opinions
- People v. GloverNew York Court of Appeals · 1982
- People v. GreenNew York Court of Appeals · 1982
- People v. StanfieldNew York Court of Appeals · 1975
- People v. FugaroAppellate Division of the Supreme Court of the State of New York · 1983
- People v. HallNew York Court of Appeals · 1982
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1990
- People v. ArchibaldAppellate Division of the Supreme Court of the State of New York · 2017
- People v. ScahillAppellate Division of the Supreme Court of the State of New York · 1990
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2014
- ARCHIBALD, JONATHAN, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2017
5 more not listed; retrieve them via the Exa API.