Legal Opinion

People v. White

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

Decided November 16, 1990PublishedCited by 3 opinions

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

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. CarterNew York Court of Appeals · 1981
  3. People v. FasanoAppellate Division of the Supreme Court of the State of New York · 1985
  4. People v. RollinsAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by3 opinions

  1. People v. MolnarAppellate Division of the Supreme Court of the State of New York · 1996
  2. People v. HabenichtNassau County District Court · 1992
  3. People v. PrueAppellate Division of the Supreme Court of the State of New York · 1995

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