People v. Townsley
Cases that cite this one
16 later published cases cite this decision.
- People v. Ringrose (Appellate Division of the Supreme Court of New York 2020)
- People v. Tillmon (Appellate Division of the Supreme Court of New York 2024)
- People v. McCrea (Appellate Division of the Supreme Court of New York 2022)
- People v. Metales (Appellate Division of the Supreme Court of New York 2019)
- People v. Bell (Appellate Division of the Supreme Court of New York 2019)
- VANGORDEN, RICHARD E., PEOPLE v (Appellate Division of the Supreme Court of New York 2017)
- HORR, CHRISTOPHER M., PEOPLE v (Appellate Division of the Supreme Court of New York 2017)
- People v. VanGorden (Appellate Division of the Supreme Court of New York 2017)
- People v. VanGorden (Appellate Division of the Supreme Court of New York 2017)
- People v. Horr (Appellate Division of the Supreme Court of New York 2017)
- People v. Horr (Appellate Division of the Supreme Court of New York 2017)
- People v. Horr (Appellate Division of the Supreme Court of New York 2017)
- People v. Anderson (Appellate Division of the Supreme Court of New York 2010)
- People v. Schlau (Appellate Division of the Supreme Court of New York 2009)
- People v. Kimbrough (Appellate Division of the Supreme Court of New York 2009)
- People v. Winslow (Appellate Division of the Supreme Court of New York 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a judgment of the Wyoming County Court (Mark H. Dadd, J.), rendered March 2, 2006. The judgment convicted defendant, upon a jury verdict, of assault in the second degree (two counts).
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Defendant also failed to preserve for our review his contention that County Court’s charge was deficient based on the court’s failure to articulate a sufficient instruction with respect to the meaning of the “lawful duty” element of Penal Law § 120.05 (3) (see People v McMillan, 234 AD2d 1006 [1996], lv denied 89 NY2d 1038 [1997]; see also People v Bowers, 4 AD3d 558, 560 [2004], lv denied 2 NY3d 796 [2004]). In addition, he failed to preserve for our review his contention that the verdict is repugnant insofar as the jury found him guilty of assault in the second degree under Penal Law § 120.05 (3) and acquitted him of assault in the second degree under section 120.05 (7) (see CPL 470.05 [2]). We decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). The sentence is not unduly harsh or severe.
We have considered defendant’s remaining contentions, including those raised in the pro se supplemental brief, and conclude that they are without merit. Present—Hurlbutt, J.P., Smith, Fahey, Green and Pine, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.