PEOPLE v. KEARNEY


24 A.D.3d 1105 (2005)

806 N.Y.S.2d 777

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS A. KEARNEY, Appellant.

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

December 29, 2005.


CARPINELLO, J.

In the early morning hours of December 15, 2000, defendant and a fellow college classmate brutally assaulted another classmate inside an unheated shed and then left him there despite the subfreezing temperatures outside. Specifically, defendant, clad in work boots, was observed repeatedly and forcibly "stomping" on the victim "as hard as he could," as well as kicking the victim in the face, stomach and back...

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