PEOPLE v. PLUNKETT

No. 98.

19 N.Y.3d 400 (2012)

971 N.E.2d 363

948 N.Y.S.2d 233

2012 NY Slip Op 4378

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID PLUNKETT, Appellant.

Court of Appeals of New York.

Decided June 7, 2012.


Attorney(s) appearing for the Case

Audrey Baron Dunning , Ilion, for appellant.

John H. Crandall , District Attorney, Herkimer ( Jeffrey S. Carpenter of counsel), for respondent.

Lambda Legal Defense and Education Fund, Inc., New York City ( Hayley J. Gorenberg of counsel), and Lambda Legal Defense and Education Fund, Inc., Chicago, Illinois ( Scott A. Schoettes of counsel), for American Academy of HIV Medicine and others, amici curiae.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

Chief Judge LIPPMAN.

Defendant challenges his conviction for aggravated assault upon a police officer or a peace officer (Penal Law § 120.11), an element of which is the assailant's use of a deadly weapon or dangerous instrument1. He was charged with that offense by a Herkimer County grand jury based on evidence that he bit a police officer on the finger...

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