From Casetext: Smarter Legal Research

People v. Mohammed

Appellate Division of the Supreme Court of New York, First Department
Jun 26, 1990
162 A.D.2d 367 (N.Y. App. Div. 1990)

Opinion

June 26, 1990

Appeal from the Supreme Court, Bronx County (William Wallace, III, J.).


Defendant herein, following a jury trial, was acquitted of rape, sexual abuse and weapon charges, but convicted of assault, specifically, breaking the complainant's arm. On appeal, he challenges the sufficiency of the evidence against him with respect to intent and whether the victim suffered a serious physical injury. In that regard, the complainant's testimony that defendant struck her with a karate chop in the course of a violent struggle constituted an adequate predicate from which the jury could conclude that defendant intended to cause injury (see, People v. Hildenbrandt, 125 A.D.2d 819, lv denied 69 N.Y.2d 881; People v. Thomas, 50 N.Y.2d 467). Moreover, it is evident that the complainant suffered a "protracted impairment of health" (Penal Law § 10.00) based upon the evidence that she suffered a fractured humerus requiring several weeks of immobilization. Defendant was, further, not entitled to a justification charge. Counsel did not request such an instruction in his 24-page request-to-charge memorandum, and the claim of self-defense was not raised either during the defense opening or summation. Finally, the trial court did not abuse its discretion in sentencing defendant.

Concur — Kupferman, J.P., Milonas, Ellerin, Wallach and Rubin, JJ.


Summaries of

People v. Mohammed

Appellate Division of the Supreme Court of New York, First Department
Jun 26, 1990
162 A.D.2d 367 (N.Y. App. Div. 1990)
Case details for

People v. Mohammed

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GULED MOHAMMED…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 26, 1990

Citations

162 A.D.2d 367 (N.Y. App. Div. 1990)
557 N.Y.S.2d 35

Citing Cases

State v. Dorrance

Although our decisions do not shed light on this particular question, injuries of this duration have been…

People v. Stetin

Considering the evidence in the light most favorable to the People (seePeople v. Jones, 32 N.Y.3d 1146, 93…