People v. Douglas
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Fisher, J.
The principal issue presented on this appeal is whether criminal conduct engaged in with a specific intent can also be found to have been reckless. We hold that it can, and that, under the circumstances of this case, the defendant’s conviction of assault in the first degree (see Penal Law § 120.10 [3] [depraved indifference reckless assault]) should be upheld.
On September 26, 2003, at approximately 11:00 p.m., a commuter van with tinted windows was double-parked in an eastbound traffic lane of Parkside Avenue between Ocean Avenue and Parkside Court in Brooklyn.…
2Cases cited15 opinions
- People v. SparberNew York Court of Appeals · 2008
- People v. FeingoldNew York Court of Appeals · 2006
- People v. PayneNew York Court of Appeals · 2004
- People v. GallagherNew York Court of Appeals · 1987
- People v. GonzalezNew York Court of Appeals · 2004
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3Cited by7 opinions
- The People v. Darius DubarryNew York Court of Appeals · 2015
- People v. HendersonAppellate Division of the Supreme Court of the State of New York · 2010
- People v. DubarryAppellate Division of the Supreme Court of the State of New York · 2013
- People v. DraytonAppellate Division of the Supreme Court of the State of New York · 2018
- People v. DraytonNew York County Court, Dutchess County · 2016
2 more not listed; retrieve them via the Exa API.