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PEOPLE v. CURTIS

89 N.Y.2d 1003 (1997)

The People of the State of New York, Respondent, v. John Curtis, Appellant.

Court of Appeals of the State of New York.

Decided March 27, 1997.

Attorney(s) appearing for the Case

Shearman & Sterling, New York City (Stephen M. Cowherd of counsel) and Paul Skip Laisure, Daniel A. Warshawsky and Richard M. Greenberg, for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Richard Nahas and Morrie I. Kleinbart of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted after a jury trial of two counts of assault in the second degree. The Appellate Division affirmed the judgment and a Judge of this Court granted leave to appeal. We now affirm. The courts below correctly concluded that no reasonable view of the evidence supported the requested charge-down to third degree assault under all...

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