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· 2/20/2001

People v. Bartkow

Citations

  • 749 N.E.2d 158
  • 96 N.Y.2d 770
  • 725 N.Y.S.2d 589
  • 2001 N.Y. LEXIS 231

How courts have described this case

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

  • noting that menacing under § 120.14 requires “intent” to place another in reasonable fear of physical injury
  • stating that second- degree menacing “requires an intent to place another person in ‘reasonable fear of physical injury’ by ‘displaying’ a weapon or dangerous instrument” (quoting N.Y.P.L. § 120.14(1))
  • \Menacing simply requires an intent to place another person in `reasonable fear of physical injury' by `displaying' a weapon or dangerous instrument\ (emphasis omitted; quoting N.Y. Penal Law § 120.14(1))
  • “The crux of section 240.26 (1) is the element of physical contact: actual, attempted, or threatened.”
  • “There is a ‘physical contact element’ to harassment.” (quoting People v. Canjura, 2 N.Y.S.3d 724, 727 (N.Y. App. Div. 2d Dep’t 2014))

Source: CourtListener parenthetical corpus (CC0).

Judges: Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Graffeo Concur Judge Rosenblatt Dissents in an Opinion

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.