Legal Opinion
People v. Bartkow
New York Court of Appeals
Decided February 20, 2001PublishedCited by 32 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Term should be affirmed.
The issue is whether harassment in the second degree is a lesser included offense of menacing in the second degree. We conclude that it is not.
On the morning of June 13,1997, a mental health caseworker in the course of his duties visited the home of defendant. The defendant opened the door, holding an aluminum baseball bat. He cursed and swung the bat, missing the caseworker who ducked. The caseworker wrestled the bat away from defendant and notified his supervisor, who called the police. Defendant was arrested,…
2Cases cited7 opinions
- People v. GloverNew York Court of Appeals · 1982
- People v. GreenNew York Court of Appeals · 1982
- People v. CarterNew York Court of Appeals · 1981
- People v. Van NorstrandNew York Court of Appeals · 1995
- People v. LongshoreNew York Court of Appeals · 1995
2 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Lanferman v. Board of Immigration AppealsCourt of Appeals for the Second Circuit · 2009
- People v. CarusoAppellate Division of the Supreme Court of the State of New York · 2004
- Lynn v. StateAppellate Division of the Supreme Court of the State of New York · 2006
- Rodriguez v. City of New YorkDistrict Court, S.D. New York · 2008
- Wright v. WrightAppellate Division of the Supreme Court of the State of New York · 2004
27 more not listed; retrieve them via the Exa API.