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People v. Bodford

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 928 (N.Y. App. Div. 1997)

Opinion

April 25, 1997

Present — Green, J.P., Lawton, Doerr, Balio and Fallon, JJ.


Judgment unanimously modified on the law and as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum: We reject the contention of defendant that County Court's reasonable doubt instruction deprived him of due process and a fair trial.

Because there is no evidence from which the jury could conclude that defendant reasonably believed that the victim was about to use deadly physical force, the court properly refused defendant's request to charge the defense of justification ( see, People v Watts, 57 N.Y.2d 299, 301-302).

Upon our review of the record, we conclude that the conviction of assault in the second degree (Penal Law § 120.05) is not based on legally sufficient evidence. One of the victims sustained a physical injury when defendant shot him in the foot ( see, Penal Law § 10.00). The People, however, failed to establish that the injury created a substantial risk of death or that it caused serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ ( see, Penal Law § 10.00; § 120.05 [4]). Consequently, we modify the judgment as a matter of discretion in the interest of justice by reducing the conviction of assault in the second degree to assault in the third degree (Penal Law § 120.00), a class A misdemeanor, vacating the sentence imposed thereon and sentencing defendant to a term of incarceration of one year for assault in the third degree ( see, Penal Law § 70.15; People v. Snipes, 112 A.D.2d 810, 812). (Appeal from Judgment of Jefferson County Court, Clary, J. — Manslaughter, 2nd Degree.)


Summaries of

People v. Bodford

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 928 (N.Y. App. Div. 1997)
Case details for

People v. Bodford

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD BODFORD…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 25, 1997

Citations

238 A.D.2d 928 (N.Y. App. Div. 1997)
661 N.Y.S.2d 158

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People v. Walker

We agree. The injury sustained by the victim did not create a substantial risk of death or "cause death or…

Larrabee v. Smith

Upon doing so, the court clearly rejected Bodford's assertion that the reasonable doubt instruction had…