The theory of this prosecution was that respondent committed an assault upon complainant by kicking him in the head while he was prostrate on the sidewalk, and thus respondent's alleged criminal act constituted a second degree assault (Penal Law § 120.05 [2]) in that he caused complainant physical injury by use of a dangerous instrument, namely, his booted foot.
The only evidence offered by the prosecuting agency was complainant's testimony that respondent, who...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
