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People v. Booker

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 1978
61 A.D.2d 988 (N.Y. App. Div. 1978)

Opinion

March 6, 1978


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 28, 1975, convicting him of robbery in the first degree and assault in the second degree, upon a jury verdict, and imposing sentence. Judgment modified, on the facts, by reversing the conviction of assault in the second degree, and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed. The People failed to establish beyond a reasonable doubt that the complainant suffered a "physical injury"; the assault count must therefore be dismissed (see Penal Law, § 10.00, subd 9; People v McDowell, 28 N.Y.2d 373). Appellant's other contentions have been considered and have been found to be without merit. Hopkins, J.P., Martuscello, Latham and O'Connor, JJ., concur.


Summaries of

People v. Booker

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 1978
61 A.D.2d 988 (N.Y. App. Div. 1978)
Case details for

People v. Booker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBIE BOOKER…

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

Date published: Mar 6, 1978

Citations

61 A.D.2d 988 (N.Y. App. Div. 1978)