People v. White
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620, 621), we find that the proof was legally sufficient to support defendant’s convictions for assault in the second degree (Penal Law § 120.05 [2]). Whether a particular object constitutes a dangerous instrument as defined by Penal Law § 10.00 (13) depends upon the manner and circumstances in which it is used (People v Carter, 53 NY2d 113, 116). Evidence that defendant exerted "a lot of force” in striking two young girls, ages 5 and 3, with a belt,…
2Cases cited4 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. CarterNew York Court of Appeals · 1981
- People v. FasanoAppellate Division of the Supreme Court of the State of New York · 1985
- People v. RollinsAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by3 opinions
- People v. MolnarAppellate Division of the Supreme Court of the State of New York · 1996
- People v. HabenichtNassau County District Court · 1992
- People v. PrueAppellate Division of the Supreme Court of the State of New York · 1995