Legal Opinion

People v. Kurkowski

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

Decided April 29, 2011PublishedCited by 8 opinions

1Opinion of the Court

Appeal from a judgment of the Erie County Court (Thomas P. *1596Franczyk, J.), rendered June 22, 2010. The judgment convicted defendant, upon a nonjury verdict, of assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed and the matter is remitted to Erie County Court for proceedings pursuant to CPL 460.50 (5).

Memorandum: On appeal from a judgment convicting him upon a nonjury verdict of assault in the second degree (Penal Law § 120.05 [4] [reckless assault]), defendant contends that County Court erred in considering assault in the second degree…

2Cases cited5 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. GreenNew York Court of Appeals · 1982
  3. People v. PeterkinAppellate Division of the Supreme Court of the State of New York · 1993
  4. People v. KloskaAppellate Division of the Supreme Court of the State of New York · 1993
  5. People v. HarveyAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by8 opinions

  1. People v. LugoAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. KurkowskiAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2021
  4. KURKOWSKI, CHARLES, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
  5. LUGO, MICHAEL C., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011

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