Legal Opinion
People v. Plunkett
New York Court of Appeals
Decided June 7, 2012PublishedCited by 38 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
Defendant challenges his conviction for aggravated assault upon a police officer or a peace officer (Penal Law § 120.11), an element of which is the assailant’s use of a deadly weapon or dangerous instrument.1 He was charged with that offense by a Herkimer County grand jury based on evidence that he bit a police officer on the finger as the officer attempted to arrest him. Defendant is HIV positive and has a long history of psychiatric illness. His arrest was precipitated by his bizarre behavior and open possession of marijuana in the reception area of…
2Cases cited8 opinions
- Menna v. New YorkSupreme Court of the United States · 1975
- People v. HansenNew York Court of Appeals · 2000
- People v. KoniecznyNew York Court of Appeals · 2004
- People v. ThomasNew York Court of Appeals · 1981
- People v. Di RaffaeleNew York Court of Appeals · 1982
3 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- The People v. Kevin FisherNew York Court of Appeals · 2017
- People v. TigerNew York Court of Appeals · 2018
- People v. ConwayAppellate Division of the Supreme Court of the State of New York · 2014
- People v. BriceAppellate Division of the Supreme Court of the State of New York · 2017
- People v. WeakfallAppellate Division of the Supreme Court of the State of New York · 2013
33 more not listed; retrieve them via the Exa API.