Legal Opinion

People v. Kearns

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

Decided November 26, 2008Published

1Opinion of the CourtCarpinello, J.

Appeal from a judgment of the County Court of Hamilton County (Feldstein, J.), rendered August 3, 2007, convicting defendant following a nonjury trial of the violation of harassment in the second degree.

Defendant was charged with harassment in the second degree following a domestic incident involving his teenage daughter. At the nonjury trial that ensued, each gave a different version of what transpired on the night in question. The daughter testified that defendant arrived home one evening in an intoxicated state and demanded that she go to bed. When she replied that it was not her bedtime,…

2Cases cited5 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. In re Collin H.Appellate Division of the Supreme Court of the State of New York · 2006
  4. In re Aaliyah Q.Appellate Division of the Supreme Court of the State of New York · 2008
  5. People v. FranklinAppellate Division of the Supreme Court of the State of New York · 1980

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