From Casetext: Smarter Legal Research

People v. Wilson

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 1984
103 A.D.2d 762 (N.Y. App. Div. 1984)

Opinion

July 2, 1984

Appeal by defendant from a judgment of the Supreme Court, Kings County (De Lury, J.), rendered November 14, 1980, convicting him of assault in the first degree, reckless endangerment in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.


¶ Judgment modified, on the law, by reversing the conviction of reckless endangerment in the first degree, vacating the sentence imposed thereon and said count of the indictment is dismissed. As so modified, judgment affirmed.


¶ The People concede, with commendable candor, that reckless endangerment in the first degree is a lesser included offense of assault in the first degree. Hence, conviction of the greater assault charge must result in dismissal of the lesser reckless endangerment charge (see CPL 300.40, subd 3, par [b]). Thompson, J.P., Bracken, Rubin and Eiber, JJ., concur.


Summaries of

People v. Wilson

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 1984
103 A.D.2d 762 (N.Y. App. Div. 1984)
Case details for

People v. Wilson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS WILSON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 2, 1984

Citations

103 A.D.2d 762 (N.Y. App. Div. 1984)

Citing Cases

People v. Moloi

We also find that the imposition of the maximum sentence available under law was fully justified in light of…

People v. Gutierrez

Nevertheless, only one of these improper remarks was objected to by defense counsel at trial and we conclude…