· 3/19/1945
Ricca v. Brady & Gioe, Inc.
Citations
- 269 A.D. 705
- 54 N.Y.S.2d 407
- 1945 N.Y. App. Div. LEXIS 3389
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “jury could have inferred from the evidence that defendant’s objective in assaulting Lisa and failing to summon medical assistance was to cause serious physical injury”
- upholding conviction of adoptive father prosecuted on theories of both commission and omission for brutally beating six- year old child and leaving her to die
- pointing out that “the relevant force is the impact of the substance on the victim, not the impact of the user on the substance”
- “if intent is the governing mens rea (as it is here), the focus is on the defendant’s conscious aim or purpose—the objective—in doing particular acts”
- “The 11 people’s theory . . . was that defendant performed both acts of commission 12 (striking Lisa) and acts of omission (failure to obtain medical care) . . . .” 13 (emphasis added)
- addressing intent to cause serious physical injury
Source: CourtListener parenthetical corpus (CC0).
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.