holding that a sidewalk can be a dangerous instrument
Summary of this case from State v. MontanoSubmitted May 13, June 3, 1985
Decided June 11, 1985
Motion to dismiss the appeal denied.
Motion to extend the time pursuant to CPL 460.60 (3) granted, and stay continued until determination of the appeal.
holding that a sidewalk can be a dangerous instrument
Summary of this case from State v. MontanoIn Galvin, the court found that "it was not error for the trial court to refuse to charge assault in the third degree [§ 120.00(2)]," where the evidence demonstrated the defendant used a sidewalk as a dangerous instrument.
Summary of this case from Caban v. MitchellFull title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARMANDO PEDRAZA…
Court:Court of Appeals of the State of New York
Date published: Jun 11, 1985
The preservation requirement is important because if a trial court finds that an announced verdict is…
People v. DesiusWe also reject defendant's contention that the verdict convicting him of intentional assault is against the…