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People v. Cionek

The People of the State of New York v. Christopher Cionek, Peter Cionek, David Sisario, Lawrence Hidde and William Pacillo

People v. Cionek, 324 N.E.2d 544 (N.Y. 1974)
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Court
New York Court of Appeals · State Highest Courts
Decided
December 20, 1974
Citations
324 N.E.2d 54435 N.Y.2d 924365 N.Y.S.2d 1611974 N.Y. LEXIS 1083
Cited by 20

Opinion of the Court

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Memorandum. We conclude that the trial court properly submitted to the jury the crime of menacing (Penal Law, § 120.15). Under the particular facts of this case menacing was a lesser included offense with respect to assault in the second degree (CPL 1.20, subd. 37), and there was a reasonable view of the evidence in this record which would have supported a finding that each of the defendants committed such lesser offense but did not commit the greater (CPL 300.50). Similarly we conclude that there was sufficient evidence to sustain the convictions.

We have examined defendants’ other contentions and find them to be without merit.

Chief Judge Breitel and Judges Jasen, Cabrielli, Jones, Wachtler, Babin and Stevens concur.

Orders affirmed in a memorandum.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 20 cases

View all citing references →
1975: 21976: 41977: 31978: 11979: 11980: 11982: 31983: 21984: 11985: 12006: 119752026peak 1976 · 4

Relies on it most ⓘ

  1. Mildwoff v. Cunningham432 F. Supp. 814 (S.D.N.Y. 1977)
  2. People v. Glover439 N.E.2d 376 (N.Y. 1982)
  3. People v. Harris119 Misc. 2d 172 (1983)
  4. People v. Green437 N.E.2d 1146 (N.Y. 1982)
  5. People v. Miller845 N.E.2d 451 (N.Y. 2006)
  6. People v. Stanfield330 N.E.2d 75 (N.Y. 1975)

Most recent

  1. People v. Miller845 N.E.2d 451 (N.Y. 2006)
  2. People v. Castaldo115 A.D.2d 752 (1985)
  3. People v. Sutton99 A.D.2d 361 (1984)
  4. People v. Cable96 A.D.2d 251 (1983)
  5. People v. Harris119 Misc. 2d 172 (1983)
  6. People v. Luther91 A.D.2d 748 (1982)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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