[Download] "People State New York v. Robert Wheeler" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Robert Wheeler
- Author : Supreme Court of New York
- Release Date : January 14, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Defendant was sentenced to one year in the Chemung County Jail. There is no merit to appellant's contentions that the prosecution
failed to prove beyond a reasonable doubt that he intended to prevent Lieutenant Wilmot from performing a lawful duty, and
that he caused physical injury to the officer. The required intent of subdivision 3 of section 120.05 of the Penal Law is
that the defendant intend to prevent a peace officer from performing a lawful duty. The evidence in the record, together with
appellant's concession that he attempted to escape from the custody of the officer in whose control he was at the time, supports
the finding of guilt. Appellant's contention that the prosecution failed to prove that he caused physical injury to the officer
is likewise unavailing. In attempting to recapture appellant, the officer fell to the ground, sustaining injuries to his wrist
and knee. When appellant continued to struggle, his feet struck the officer's shoulders and chest, causing further injuries.
From the evidence, the trier of the facts could find that the appellant caused the officer to sustain substantial pain and
therefore "physical injury" within the meaning of subdivision 9 of section 10.00 of the Penal Law. Disposition Judgment affirmed.