PEOPLE v. CARTER


73 A.D.2d 986 (1980)

The People of the State of New York, Respondent, v. Louis Carter, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 10, 1980


Defendant repeatedly punched and kicked his victim into a comatose state. The proof of his guilt, which included admissions, was overwhelming. Under the circumstances in which he administered this vicious "stomping", we have no difficulty in concluding that the rubber boots he was wearing at the time were properly found to have been a "dangerous instrument" (Penal Law, § 10.00, subd 13; People v Rumaner, 45 A.D.2d 290).

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