CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Jan 14, 2002

People v. Fernandez

The defendant was convicted of assault in the second degree and criminal possession of a weapon in the fourth degree after a jury trial in Bionx County. The Supreme Court affirmed the judgment and concurrent sentences of six years and one year, respectively. The verdict was upheld against the weight of the evidence, as the jury properly rejected the defendant's justification defense, finding his use of force unjustified despite the complainant reaching for the knife first. The court noted that the defendant inflicted severe injuries while remaining uninjured and was still advancing with a knife on the unarmed, retreating complainant when police arrived. Additionally, the court properly redacted a reference to past drug use from the complainant's medical triage sheet due to a lack of proper foundation and irrelevance to treatment. The defendant's ability to cross-examine on the complainant's drug use at the time of the incident was not precluded.

Criminal LawAssault Second DegreeCriminal Possession of a WeaponJustification DefenseSelf-DefenseWeight of EvidenceCredibility DeterminationMedical Records RedactionHearsay RuleCross-Examination
References
2
Case No. 2025 NY Slip Op 05850
Regular Panel Decision
Oct 23, 2025

People v. Flanigan

Defendant Razeah S. Flanigan appealed convictions for assault in the second degree and reckless endangerment in the second degree, stemming from an incident where he fired a flare gun, injuring the victim's arm. The Appellate Division, Third Department, reviewed the weight of the evidence for the assault conviction, concluding that the victim suffered a serious physical injury due to disfigurement and protracted impairment. The court affirmed the assault conviction but found that reckless endangerment in the second degree was an erroneous lesser included offense of assault in the first degree, though harmless as it was a proper lesser included offense of another count. Ultimately, the court determined that reckless endangerment in the second degree was a lesser included offense of assault in the second degree, leading to the dismissal of the reckless endangerment conviction. The judgment was modified to dismiss the conviction on count 3 and affirmed as modified.

Assault Second DegreeReckless EndangermentSerious Physical InjuryLesser Included OffenseFlare Gun InjuryCriminal Weapon PossessionJustification DefenseWeight of Evidence ReviewAppellate DivisionConviction Modification
References
16
Case No. MISSING
Regular Panel Decision
Nov 13, 1987

People v. Stevenson

The defendant was convicted of two counts of attempted murder in the second degree, one count of assault in the first degree, and two counts of assault in the second degree after repeatedly stabbing his wife and forcing his stepdaughter out a window. On appeal, the court considered whether a lesser included offense charge for reckless assault should have been given, concluding that there was insufficient evidence of intoxication to warrant it. The court also held that the conviction for assault in the second degree under the fourth count of the indictment should be reversed and dismissed as it constituted a lesser included offense of assault in the first degree, and a defendant cannot be simultaneously convicted of both. The judgment was largely affirmed, but modified to dismiss the aforementioned assault charge.

Attempted MurderAssaultLesser Included OffenseIntoxication DefenseCriminal AppealPrior Inconsistent StatementHearsaySpousal AbuseChild EndangermentJury Charge
References
11
Case No. MISSING
Regular Panel Decision

People v. Burdo

The defendant appealed a judgment from Clinton County Court convicting them of murder in the second degree, kidnapping in the first degree, and two counts of robbery in the first degree. The appeal raised two primary issues: audio-visual coverage of the defendant's arraignment, which violated Judiciary Law § 218, and the denial of challenges for cause during jury selection. The court found that while the arraignment coverage was a statutory violation, it did not warrant reversal per se as the claims of jury taint were unsubstantiated. However, the Appellate Division determined that the trial court erred in denying challenges for cause for two prospective jurors who failed to unequivocally state their ability to be impartial, despite expressing predispositions. As the defendant exhausted their peremptory challenges, this error mandated a new trial.

Criminal LawAppellate ProcedureJury SelectionChallenges for CauseVoir DireJudiciary LawAudio-Visual CoverageArraignmentFair TrialImpartial Jury
References
28
Case No. 13 NY3d 747
Regular Panel Decision

People v. McKinnon

The case concerns the appeal of a defendant's conviction for first-degree assault, among other crimes, in New York. The core legal issue revolves around whether bite marks inflicted by the defendant on the victim's inner forearm constituted "serious disfigurement" under Penal Law § 120.10 (2). The court, while acknowledging a definition for "disfigurement," found the evidence—consisting of two moderate-sized scars—insufficient to establish serious disfigurement. The court emphasized that the mere existence of scars in that location, without unusually disturbing characteristics, would not make the victim's appearance distressing or objectionable to a reasonable person. Consequently, the first-degree assault conviction and a related second-degree assault count were reversed and dismissed, with the case remitted for further proceedings on a remaining second-degree assault charge.

Criminal LawAssaultFirst Degree AssaultSerious DisfigurementPenal LawSufficiency of EvidenceAppellate ReviewNew York Court of AppealsBite MarksPhysical Injury
References
3
Case No. MISSING
Regular Panel Decision
Jan 07, 1998

People v. Hiraldo

The defendant, a 16-year-old student, struck a 66-year-old school aide during an altercation in a school locker room. The victim, who had pre-existing heart conditions, chased the defendant and subsequently collapsed, dying 17 hours later from cardiac arrest. The Grand Jury indicted the defendant for reckless manslaughter and two counts of attempted assault. The court found insufficient evidence to prove the defendant was aware of the victim's heart condition or intended to cause serious physical injury. Consequently, the charges for manslaughter in the second degree and attempted assault in the second degree were dismissed, while the motion to dismiss attempted assault in the third degree was denied.

Reckless ManslaughterCriminally Negligent HomicideAttempted AssaultCausationForeseeabilityPre-existing Medical ConditionGrand Jury ProceedingsIndictmentMotion to DismissSufficiency of Evidence
References
4
Case No. MISSING
Regular Panel Decision

People v. Campbell

The defendant was convicted of two counts of attempted assault in the second degree after a nonjury trial, following an indictment for attempted rape and other charges. The conviction was affirmed by the Appellate Division. The defendant appealed, arguing that attempted assault under Penal Law § 120.05 (3) is a legal impossibility because the statute imposes criminal responsibility for an unintended injury, and one cannot attempt to bring about an unintended result. The Court of Appeals agreed, stating that an attempt requires an intent to commit a specific crime and bring about the proscribed result. Since Penal Law § 120.05 (3) does not require intent to cause injury, but rather intent to prevent an officer from performing a lawful duty while causing injury, there can be no attempt to commit a crime whose core result (injury) is not intended. Consequently, the crime of attempted assault in the second degree under this subdivision was deemed a legal impossibility, and the Appellate Division's order was reversed, and the assault counts dismissed.

Criminal LawAttempted AssaultPenal LawSecond Degree AssaultIntent to InjureLegal ImpossibilityStrict LiabilityAppellate ReviewCriminal CulpabilityLawful Duty
References
31
Case No. 2017 NY Slip Op 02936 [149 AD3d 546]
Regular Panel Decision
Apr 18, 2017

People v. Brevard

The Appellate Division, First Department, affirmed the judgment convicting Joseph Brevard of multiple charges including assault in the second degree, attempted assault in the first degree, and burglary in the first degree. The court upheld the denial of the defendant's motion to suppress statements, ruling that his right to counsel on unrelated drug charges did not apply as he had absconded after being released on bail. Additionally, the court rejected challenges to the sufficiency and weight of evidence concerning the unlawful entry element of burglary, finding the victim was unauthorized to grant entry for illegal activity and that the defendant entered by ruse. The aggregate sentence of 18 years, as a second felony offender, was also affirmed.

Criminal LawAssaultBurglaryAttempted RobberyCriminal Possession of WeaponSuppression MotionRight to CounselUnlawful EntryAppellate ReviewSentence Affirmation
References
6
Case No. MISSING
Regular Panel Decision

People v. Barto

The defendant was convicted after a jury trial in Seneca County Court for insurance fraud in the third degree, falsifying business records in the first degree, defrauding the government, and falsely reporting an incident in the third degree. The charges arose from the defendant, an acting Village Justice, falsely reporting an assault to police, allegedly to obtain prescription pain medication. Medical evidence presented by the prosecution, including the absence of injuries despite extensive testing, contradicted the defendant's account of being strangled and struck. The appellate court unanimously affirmed the judgment, rejecting the defendant's contentions regarding the legal sufficiency and weight of the evidence. The court found that the jury could reasonably conclude the defendant falsely reported the incident and caused a false workers' compensation form to be filed. The appellate court also found no reason to modify the sentence despite improper prosecutorial statements.

Insurance FraudFalsifying Business RecordsDefrauding GovernmentFalse ReportingAssault ClaimMedical EvidenceLegal SufficiencyWeight of EvidenceWorkers' CompensationJury Trial
References
8
Case No. MISSING
Regular Panel Decision

Johnson v. Second Injury Fund

Walter Johnson, who had previously lost vision in his right eye, suffered an injury at work resulting in the loss of vision in his left eye, leaving him totally and permanently disabled. He received benefits from Texas Employer’s Insurance Association and the Second Injury Fund. Johnson and his wife then sued Texas Industries, Inc. for negligence. Both TEIA and the Second Injury Fund intervened, seeking subrogation rights. The trial court denied the Second Injury Fund's claim to subrogation, but the court of appeals reversed. The Texas Supreme Court reviewed whether the Second Injury Fund is subrogated to Walter Johnson's rights in his personal injury suit. The Court concluded that subrogation is a legislative creation and the statute funding the Second Injury Fund explicitly enumerates funding methods without including subrogation. Therefore, the Supreme Court reversed the court of appeals' judgment and affirmed the trial court's decision, denying subrogation for the Second Injury Fund.

SubrogationSecond Injury FundWorkers' CompensationStatutory InterpretationExpressio Unius Est Exclusio AlteriusTotal DisabilityPersonal InjuryTexas Supreme CourtFunding MechanismsLegislative Intent
References
9
Showing 1-10 of 3,043 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational