People v. Todd
| Decision Date | 03 May 1983 |
| Citation | 450 N.E.2d 224,463 N.Y.S.2d 418,59 N.Y.2d 694 |
| Parties | , 450 N.E.2d 224 The PEOPLE of the State of New York, Respondent, v. Randolph TODD, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Term should be affirmed.
Defendant has been convicted after a jury trial upon information charging him with assault, third degree, in violation of subdivision 1 of section 120.00 of the Penal Law. The charges arose out of a dispute between defendant, a 28-year-old dental surgeon, and complainant, an 82-year-old man, in the parking area of a Manhasset shopping center. The altercation developed after complainant advised defendant he had parked in a restricted zone. Complainant's version of the incident, supported by evidence in the record and accepted by the jury and a majority of the Appellate Term, was that after complainant spoke defendant approached him while he was sitting in his car. As complainant tried to exit, defendant smashed the door of the car against complainant's foot; that after complainant succeeded in getting out of the car defendant struck him in the ribs and knocked him to the ground. Complainant testified that he sustained a concussion and laceration of the head, several severe and painful bruises and strains, and a severely bruised and swollen foot which he could not support weight on. The symptoms and pain continued three to five weeks (cf. Matter of Philip A., 49 N.Y.2d 198, 200, 424 N.Y.S.2d 418, 400 N.E.2d 358). Complainant was treated by two physicians who testified and generally confirmed his complaints and injuries.
Defendant's version of the incident was substantially different and although his evidence would warrant a factual finding of harassment, we find no error in the court's refusal to charge that crime as a lesser included offense (seePeople v. Glover, 57 N.Y.2d 61, 453 N.Y.S.2d 660, 439 N.E.2d 376; People v. Moyer, 27 N.Y.2d 252, 317 N.Y.S.2d 9, 265 N.E.2d 535).
The application for postjudgment relief is not properly before us for review.
On review of submissions pursuant to rule 500.2(b) of the Rules of the Court of Appeals (22 NYCRR 500.2), order affirmed in a memorandum.
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People v. Perez
...head, multiple bruises and sprains, and a bruised and swollen foot which could not support his weight ( People v. Todd, 59 N.Y.2d 694, 695–696, 463 N.Y.S.2d 418, 450 N.E.2d 224 [1983] ). Conversely, the Court of Appeals ruled that the “incidental reference to a black eye without any develop......
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People v. Repanti
...of harassment.Given this understanding of what constitutes a lesser included offense, not surprisingly, in People v. Todd, 59 N.Y.2d 694, 463 N.Y.S.2d 418, 450 N.E.2d 224 (1983), decided after Glover and Green, this Court affirmed a lower court's refusal to charge harassment as a lesser inc......
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People v. Repanti
...of harassment.Given this understanding of what constitutes a lesser included offense, not surprisingly, in People v. Todd, 59 N.Y.2d 694, 463 N.Y.S.2d 418, 450 N.E.2d 224 (1983), decided after Glover and Green, this Court affirmed a lower court's refusal to charge harassment as a lesser inc......
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People v. Wheeler
...without having the specific intent necessary to establish the crime of sexual abuse in the first degree (cf. People v. Todd, 59 N.Y.2d 694, 463 N.Y.S.2d 418, 450 N.E.2d 224; People v. Teicher, 52 N.Y.2d 638, 439 N.Y.S.2d 846, 422 N.E.2d 506; People v. Moyer, 27 N.Y.2d 252, 317 N.Y.S.2d 9, 2......