People v. Walker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: The court properly refused to charge assault in the third degree as a lesser included offense of assault in the second degree. Viewing the evidence in the light most favorable to the defendant, we find that defendant’s own testimony that he acted in self-defense negated any claim of reckless conduct, and that there was no reasonable view of the evidence that would support a finding that defendant committed assault in the third degree and not assault in the second degree (see, People v Walker, 151 AD2d 980, lv denied 74 NY2d 853; People v Zayas, 140…
2Cases cited9 opinions
- People v. SandovalNew York Court of Appeals · 1974
- People v. ThomasNew York Court of Appeals · 1980
- People v. GetchNew York Court of Appeals · 1980
- Miller v. SchwartzNew York Court of Appeals · 1988
- People v. CooperAppellate Division of the Supreme Court of the State of New York · 1989
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- People v. AbramsAppellate Division of the Supreme Court of the State of New York · 1994
- People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1994
- People v. LugoAppellate Division of the Supreme Court of the State of New York · 2002
- People v. ArtisAppellate Division of the Supreme Court of the State of New York · 2004
- In re Ricardo W.Appellate Division of the Supreme Court of the State of New York · 1996
4 more not listed; retrieve them via the Exa API.