February 2, 2012
- 37 Assault and Battery
- 37II Criminal Responsibility
- 37II(B) Prosecution
- 37k91.1 Weight and Sufficiency of Evidence
- 37k91.11 k. Attempt.
State presented insufficient evidence that defendant, who threw balls of wet toilet paper at correction officer, attempted to cause injury by means of a dangerous instrument to support conviction for attempted assault in the second degree; instruments consisted of compressed balls of wet toilet paper, some of which were mixed with banana, defendant threw balls from distance of 12 to 15 feet, and ball which struck officer was small enough to pass through one of the 2 1/2-inch openings in protective grate.
People v. Travis, 711 N.Y.S.2d 514 (App. Div. 2000)
Suggested by Andrea Wan, Senior Court Attorney; New York Unified Court System; Brooklyn, NY