Assault
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- Abstract
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Assault
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Assault in the first degree.
A person who, with the intent to kill, attacks another with a deadly weapon or causes to administer poison is guilty of first degree assault. The penalty is imprisonment for no more than ten years.
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Assault in the second degree.
A person who, with intent to injure, administers poison or drug or chloroform, ether, or laudanum; wilfully attacks another by the use of a weapon likely to produce grievous bodily harm; attacks another to prevent or resist any lawful process of any court of officer, is guilty of second degree assault.
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Assault in the third degree.
The punishment is imprisonment for no more than one year or a fine no greater than five hundred dollars, or both.
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The use of force does not constitute an assault when it is committed by a public officer in the performance of a legal duty; when committed while arresting another who has committed a felony; when committed in prevention of an offense or a trespass or unlawful interference with real or personal property; when committed by a parent in the restraint of his child and the force is reasonable in manner; when committed by a carrier in expelling a passenger who refuses to obey a lawful and reasonable regulation; when committed in preventing a person of unsound mind from committing an act dangerous to himself or another.
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3077: The People of the State of New York v. Louis McDowell
Arthur Johnson, a broker from Cincinnati, testifies that he had come to New York with his wife on October 13, 1921, to see the final game of the baseball World Series at the Polo Grounds. They had met friends for dinner that evening at the Hotel Bristol on 48th Street. Johnson had stepped away to go to the bathroom in the basement when an unknown assailant attacked him with a wrench iron. Johnson fought back, seized the wrench, and beat his attacker about the head. George Ferguson, a police officer, arrived a few minutes later. An ambulance subsequently appeared to take the second man, Louis McDowell, to Bellevue Hospital. The defendant, McDowell, testifies in his own defense that he had dined that evening at a nearby restaurant. He had entered the Hotel Bristol to use the bathroom when an unknown person had attacked him with a wrench. McDowell admitted, on direct examination, that he had previously been convicted three times for grand larceny. The jury, after retiring for twenty minutes, found McDowell guilty of assault in the first degree and the judge sentenced him to a term of five years in the state prison. -
1167: The People of the State of New York v. Gaspare Amico
Tony Merlino testifies that someone stabbed him in the back, near his collar bone, with a sharp iron outside his lodging at 530 East 39th Street on April 25, 1910. John Cronin, a neighbor, says that he helped Merlino after the assault; but Cronin cannot positively identify the defendant as the assailant. Edward McDonald, a police officer, states that he arrested the defendant in the cellar of a nearby building and took him to the Police Court the next day. The defendant, Gaspare Amico, testifies that someone struck him on the arm during a fight on East 39th Street but denies that he had attacked the complainant. The judge, Thomas O'Sullivan, directs the jury to acquit the defendant and the jury finds Amico not guilty. -
1170: The People of the State of New York v. Francesco Purpura
Violet Perano, 14, testifies that on August 5, 1909, she went with a friend, Lena Skenelli, to 80 Catharine Street, to a shoe repair shop, to retrieve her brother's shoes. The cobbler, Francesco Purpura, retrieved the shoes but demanded that she have sex with him before he returns the shoes. The witness states that she went with Purpura to the rear of the store where he penetrated her. Lena Skenelli testifies that she had accompanied the complainant to the store and had heard the defendant demand sex. A partition, consisting of wooden boards and a green curtain, separated the front and rear halves of the store but Skenelli had peeped past the curtain, witnessing Purpura lying on top of her companion. Vincent Pizarro, an officer of the Society for Prevention of Cruelty to Children, testifies that he took Violet Perano into care on April 13, 1910 and arrested the defendant two days later. Ralph Miceli, a police officer, states that he took the defendant to police headquarters after the arrest. He testifies that the defendant claimed in conversation that Perano was a prostitute, saying that everyone is having sex with her. Francesco Purpura, speaking in Italian through an interpreter, denies that he had ever seen either girl in his shop and denies the remarks attributed to him by other witnesses. The jury renders a verdict of guilty of rape in the second degree. There is no record of sentencing. -
1358: The People of the State of New York v. Joseph A. Bennis
Joseph Bennis, 19, a sheet metal worker, appears as a witness in his own behalf and testifies that, on Saturday, March 11, he had met an acquaintance, John Casey, in a saloon. Casey, according to Bennis, had been intoxicated and had threatened to shoot him. There had been a fight; the gun had fallen to the floor; and Bennis had taken the gun from Casey. The next day, Bennis, intending to return the gun, had met Casey's brother, Joseph, on 39th Street. There had been an altercation between the two men and Bennis, thinking that Joseph Casey was reaching for his gun, had fired one shot. Joseph Casey, 22, testifies that Bennis's shot had grazed his knee. He had made a police report at the 37th Street station house and a detective, Daniel J. Reilly, had arrested Bennis shortly afterwards. John Casey, 25, also appearing as a witness, states that he has never owned a gun. The defendant, Bennis, admits on cross-examination that he had a previous conviction for grand larceny for which he had served time in Elmira Reformatory. He also admits that he had previously pleaded guilty in the Court of Special Sessions on a charge of carrying a concealed weapon, the same gun that he had used to shoot Joseph Casey. There is no record of a verdict.