People ex rel. Gray v. Tekben
Cases that cite this one
39 later published cases cite this decision. The 25 that cite it most often are listed here.
- People v. Campbell (N.Y. 1988)
- People v. Weissinger (New York Supreme Court 1983)
- People v. Ford (N.Y. 1984)
- People v. Sutton (Appellate Division of the Supreme Court of New York 1984)
- People v. Miller (N.Y. 2006)
- People v. Roger (Appellate Division of the Supreme Court of New York 2001)
- People v. Doe (Appellate Division of the Supreme Court of New York 2000)
- People v. Napoli (New York Supreme Court 1996)
- People v. Pierce (Appellate Division of the Supreme Court of New York 1994)
- People v. Jackson (New York Supreme Court 1992)
- People v. Casiano (Appellate Division of the Supreme Court of New York 1991)
- People v. Alexander (Appellate Division of the Supreme Court of New York 1990)
- People v. Udzinski (Appellate Division of the Supreme Court of New York 1989)
- People v. Johnson (Appellate Division of the Supreme Court of New York 1989)
- People v. Winslow (Appellate Division of the Supreme Court of New York 1989)
- People v. Vogler (Appellate Division of the Supreme Court of New York 1989)
- People v. Cotton (Appellate Division of the Supreme Court of New York 1988)
- People v. Fountain (New York County Courts 1987)
- People v. Westergard (Appellate Division of the Supreme Court of New York 1985)
- People v. Johnson (Appellate Division of the Supreme Court of New York 1985)
- People v. Praetz (Appellate Division of the Supreme Court of New York 1985)
- People v. Ceballos (Appellate Division of the Supreme Court of New York 1984)
- People v. Parks (Appellate Division of the Supreme Court of New York 1984)
- People v. Johnson (Appellate Division of the Supreme Court of New York 1984)
- People v. Lee (Appellate Division of the Supreme Court of New York 1984)
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
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 NY2d 61). Petitioner’s detention is premised on an invalid verdict and is, therefore, unlawful.
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.