Legal Opinion

People v. Everett

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

Decided March 25, 2011PublishedCited by 12 opinions

1Opinion of the Court

Memorandum: On appeal from a judgment convicting him following a jury trial of, inter alia, assault in the second degree (Penal Law § 120.05 [3]), defendant contends that the evidence is legally insufficient to support the assault conviction. We agree. Pursuant to Penal Law § 120.05 (3), “[a] person is guilty of assault in the second degree when . . . , [w]ith intent to prevent ... a police officer . . . from performing a lawful duty . . . , he or she causes physical injury to such . . . police officer . . . .” Here, an officer was injured while he was attempting to pat down defendant after…

2Cases cited7 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. Michigan v. LongSupreme Court of the United States · 1983
  4. People v. TorresNew York Court of Appeals · 1989
  5. People v. BatistaNew York Court of Appeals · 1996

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3Cited by12 opinions

  1. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2015
  2. People v. TuckerAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. RichardsonAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. HodgeAppellate Division of the Supreme Court of the State of New York · 2022
  5. FORD, ANTHONY, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016

7 more not listed; retrieve them via the Exa API.

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