[Download] "People State New York Ex Rel. James Gray v. Erdogan Tekben" by Court of Appeals of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: People State New York Ex Rel. James Gray v. Erdogan Tekben
- Author : Court of Appeals of New York
- Release Date : January 02, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order, insofar as appealed from, affirmed, without costs. The crime of assault in the third degree under subdivision 1 of section 120.00 of the Penal Law is not a lesser included offense of assault in the second degree under subdivision 3 of section 120.05 of the Penal Law inasmuch as it is possible to commit the latter without possessing the intent to injury which is the gravamen of the former (cf. People v Glover, 57 N.Y.2d 61). Petitioners detention is premised on an invalid verdict and is, therefore, unlawful.
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