People v. Jackson

OPINION OF THE COURT

Louis R. Rosenthal, J.

After Judge trial and prior to sentence, defendant moves to set aside his conviction of menacing on the ground that a threat of rape, does not, as a matter of law, constitute placing the complainant in fear of imminent serious physical injury. Motion is denied. The facts of this case indicate that the threat of rape was real. This, coupled with the fact that rape, indeed, is a serious physical injury, mandate conviction after defendant’s guilt is proved beyond a reasonable doubt.

The defendant, Larry Jackson, was charged in an information with the…