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· 6/30/2017

Hammond v. Smith

Citations

  • 2017 NY Slip Op 5337
  • 151 A.D.3d 1896
  • 57 N.Y.S.3d 832

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that “the logic of Castleman extends to our review of ACCA’s force clause”
  • noting that those cases “appl[y] only where a crime does not have as an element the intentional causation of death or injury.”
  • “Following Castleman, it is impossible to intend to cause injury or death without physical force as contemplated under the ACCA”
  • holding Maryland’s equivalent crime of assault with intent to murder “is a specific intent crime and the only mens rea that would support the conviction is the specific intent to bring about the death of the assault victim”
  • “[A] crime requiring the ‘intentional causation’ of injury requires the use of physical force” within the meaning of the ACCA. (citation omitted)
  • “[A] crime requiring the ‘intentional causation’ of injury requires the use of physical force” within the meaning of ACCA

Source: CourtListener parenthetical corpus (CC0).

Judges: Whalen, Centra, Lindley, Troutman, Scudder

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.