New York Court of Appeals, 1982

People v. Jimenez

New York Court of Appeals · Decided February 9, 1982

55 N.Y.2d 895; 433 N.E.2d 1270; 449 N.Y.S.2d 22; 1982 N.Y. LEXIS 3097

Cases that cite this one

41 later published cases cite this decision. The 25 that cite it most often are listed here.

Commonwealth v. Kirkwood (Pa. 1987)
People v. Wheeler (Appellate Division of the Supreme Court of New York 2022)
Mustafaj v. Holder (2d Cir. 2010)
Commonwealth v. Rowlands (Centre County Court of Common Pleas 1993)
In re Robert M. (Appellate Division of the Supreme Court of New York 1982)
People v. Green (Appellate Division of the Supreme Court of New York 2021)
People v. Perez (Criminal Court of the City of New York 2013)
People v. Gill (Appellate Division of the Supreme Court of New York 2008)
In re Jonathan S. (Appellate Division of the Supreme Court of New York 2008)
In re Winston W. (Appellate Division of the Supreme Court of New York 2006)
People v. Hogencamp (Appellate Division of the Supreme Court of New York 2002)
People v. Hogencamp (Appellate Division of the Supreme Court of New York 2002)
People v. West (Appellate Division of the Supreme Court of New York 2000)
In re Shawnell UU. (Appellate Division of the Supreme Court of New York 1997)
People v. Walker (N.Y. 1994)
People v. Karimi (Appellate Division of the Supreme Court of New York 1994)
In re Keith M. (Appellate Division of the Supreme Court of New York 1993)
In re Kurt EE. (Appellate Division of the Supreme Court of New York 1993)
In re Scott QQ. (Appellate Division of the Supreme Court of New York 1992)
People v. Smith (Appellate Division of the Supreme Court of New York 1991)
People v. Roberts (Appellate Division of the Supreme Court of New York 1990)
People v. Henry Hightower (Appellate Division of the Supreme Court of New York 1990)
In re Christopher T. (Appellate Division of the Supreme Court of New York 1989)
People v. Esquilin (Appellate Division of the Supreme Court of New York 1988)
People v. Nieves (Appellate Division of the Supreme Court of New York 1988)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by reversing defendant’s conviction for assault in the second degree, dismissing that part of the indictment, and vacating the sentence imposed on that count. As so modified, the order of the Appellate Division should be affirmed.

The People failed to prove that the victim of the alleged assault suffered physical injury within the meaning of subdivision 6 of section 120.05 and subdivision 9 of section 10.00 of the Penal Law. Testimony that the victim suffered a one centimeter cut above her lip, without more, was not adequate to prove that the victim suffered either “substantial pain” (Matter of Philip A., 49 NY2d 198) or “impairment of a physical condition” (People v McDowell, 28 NY2d 373, 375).

Defendant’s other contentions are either not preserved for review or do not warrant reversal by this court.

Chief Judge Cooke and Judges Jasen, Gabrielli, Wachtler, Fuchsberg and Meyer concur; Judge Jones taking no part.

Order modified in accordance with the memorandum herein and, as so modified, affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.