History
  • No items yet
midpage
People v. Cionek
35 N.Y.2d 924
NY
1974
Check Treatment

Memorandum. We conclude that the trial court properly submitted to the jury the crime of menacing (Penal Law, § 120.15). Under the particular facts of this case menacing was a lesser included offense with respect to assault in the second degree (CPL 1.20, subd. 37), and there was a reasonable view of the evidence in this record which would have supported a finding that each of the defendants committed such lesser offense but did not commit the greater (CPL 300.50). Similarly we conclude that there was sufficient evidence to sustain the convictions.

We have examined defendants’ other contentions and find them to be without merit.

Chief Judge Breitel and Judges Jasen, Cabrielli, Jones, Wachtler, Babin and Stevens concur.

Orders affirmed in a memorandum.

Case Details

Case Name: People v. Cionek
Court Name: New York Court of Appeals
Date Published: Dec 20, 1974
Citation: 35 N.Y.2d 924
Court Abbreviation: NY
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.