Legal Opinion
People v. Cheeks
Appellate Division of the Supreme Court of the State of New York
Decided May 14, 1990PublishedCited by 13 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohn, J.), rendered August 31, 1987, convicting him of assault in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
The evidence adduced at trial was legally insufficient to establish that the complainant suffered "physical impairment” (People v McDowell, 28 NY2d 373, 375), or…
2Cases cited4 opinions
- In re Philip A.New York Court of Appeals · 1980
- People v. McDowellNew York Court of Appeals · 1971
- People v. HoldenAppellate Division of the Supreme Court of the State of New York · 1989
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by13 opinions
- People v. StearnsAppellate Division of the Supreme Court of the State of New York · 2010
- People v. ZalevskyAppellate Division of the Supreme Court of the State of New York · 2011
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1997
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2017
- People v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1993
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