AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERARD WILLIAM PRAETZ, Appellant.

Judgment affirmed.

Defendant's claims of ineffective assistance of counsel do not warrant reversal since neither inadequacy nor ineffectiveness was demonstrated; nor could defense counsel be described as lacking reasonable competence (see, People v Baldi, 54 N.Y.2d 137). Moreover, the trial court did not err in refusing to charge the jury with assault in the third degree as a lesser included offense since assault in the second degree pursuant to Penal Law § 120.05 (3) requires proof only of an intent to prevent a peace officer from performing a lawful duty and does not require proof of intent to cause physical injury, an essential element of assault in the third degree (People ex rel. Gray v Tekben, 57 N.Y.2d 651, affg 86 A.D.2d 176; People v Lett, 67 A.D.2d 1077). Brown, J.P., Rubin, Lawrence and Kooper, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. PRAETZ
(Dec 16, 1985)