[Download] "People State New York v. Donald Moyer" by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Donald Moyer
- Author : Court of Appeals of New York
- Release Date : January 19, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
[27 N.Y.2d 252 Page 253] Charged with assault in the third degree (Penal Law, Γ§ 120.00) -- in that he struck a police officer with intent to cause him injury -- the defendant was convicted of harassment (Penal Law, Γ§ 240.25), following the trial judge's instruction to the jurors that they might bring in a verdict adjudging him guilty of "the lesser offense of harassment". Upon appeal, the Appellate Term reversed the conviction and dismissed the information on the ground that harassment may not be deemed a lesser ncluded offense of the crime of assault.1 We agree with that determination.