Court of Appeals of New York

In this case, defendant was convicted of attempted assault in the third degree and harassment in the second degree. Defendant contends that the verdict is defective on grounds that harassment must be treated as a lesser included offense. The judgment is affirmed, where: 1) defendant cannot establish that in all circumstances it is impossible to commit attempted assault without also committing harassment; 2) attempted assault and harassment do not share a common intent element; and 3) guided by the authority of People v. Moyer, People v. Glover, People v. Green, and People v. Todd, the court properly determined that harassment is not a lesser included offense of attempted assault.

Appellate Information

• Decided 02/17/2015
• Published 02/17/2015

Judges

• Rivera

Court

• Court of Appeals of New York

Counsel