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February 27, 2015

Pardalis & Nohavicka Criminal Law Update: The Case of the Bad Grandpa (Harassment Is Not A Lesser Included Offense Of Attempted Assault)

A woman was going up the stairs of her senior community home when defendant came out of a neighbor's apartment, waited, then walked down the same staircase and  banged into her with his shoulder. The woman did not suffer any physical injuries because she fell back against her husband who was behind her. Police are called; defendant is arrested. Defendant was sentenced to one-year probation for the attempted assault and $250.00 fine on the harassment conviction, along with a $125.00 surcharge.  He appeals.

The issue was whether the harassment count was a lesser included offense.  Defendant argued that you can be convicted with one or the other; not both. Court of Appeals disagreed.

People v Repanti http://www.courts.state.ny.us/reporter/3dseries/2015/2015_01375.htm

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