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

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
May 19, 2003

People v. Swinton

The defendants appealed their convictions for assault, reckless endangerment, and endangering the welfare of a child, stemming from their strict vegetarian diet provided to their infant daughter, which led to severe malnutrition. The Supreme Court, Queens County, initially convicted them. On appeal, the higher court modified the judgments by vacating the reckless endangerment conviction, deeming it a lesser-included offense of assault, but affirmed the assault and child endangerment convictions. A dissenting opinion argued for the reversal of the assault convictions, contending that the evidence did not sufficiently prove the defendants' conscious disregard of risks, but rather misguided parental beliefs. The majority, however, found the evidence legally sufficient for the remaining charges.

Criminal LawAppealChild EndangermentMalnutritionAssault First DegreeReckless Endangerment First DegreeLesser-Included OffenseParental NeglectDietary PracticesWeight of Evidence
References
20
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

Carcamo-Lopez v. Does 1 through 20

Plaintiff Miriam Aide Carcamo-Lopez sued Border Patrol Agent Ricardo R. Montalvo and the U.S. Government after she was run over by Montalvo's vehicle during an attempted illegal border crossing. The lawsuit asserted Bivens claims against Montalvo for Fourth and Fifth Amendment violations, and Federal Tort Claims Act (FTCA) claims against the government for assault, battery, and negligence. The court granted summary judgment for Montalvo on the Bivens claims, finding no evidence of intentional action for Fourth Amendment purposes and no violation of clearly established Fifth Amendment rights for reckless conduct. The court also granted the government partial summary judgment on assault and battery claims related to the incident, again citing lack of intentional or reckless conduct. However, the court denied the government's summary judgment requests regarding the discretionary function exception, the Texas Transportation Code's emergency vehicle liability limits, and the unlawful acts rule, allowing the negligence claim to proceed on those specific points.

Bivens actionFederal Tort Claims Act (FTCA)Qualified immunitySummary judgmentFourth AmendmentFifth AmendmentExcessive forceBorder PatrolImmigrationRecklessness
References
91
Case No. MISSING
Regular Panel Decision
Mar 03, 2005

Hunt v. State

The claimant, arrested for grand larceny in 1998, was unable to post bail and was sexually assaulted by another inmate while in the Manhattan Detention Center. Despite a court directive for protective custody on September 18, 1998, state court officers failed to properly record this order on the securing order. Consequently, the claimant was returned to general population and assaulted again on September 21. The Court of Claims initially dismissed the claimant's action for damages against the State. However, the appellate court reversed this decision, finding that the court officers' failure to record the protective custody order was a breach of a ministerial duty, thereby establishing state liability. The case has been remanded for a trial to determine the damages for the September 21 assault.

Inmate AssaultProtective CustodyMinisterial NegligenceState LiabilityCourt Officer DutySecuring OrderDamages RemandAppellate ReversalCorrectional Facility NegligencePrisoner Safety
References
7
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

Lewter v. O'Connor Management Inc.

This case involves an appeal from a summary judgment granted in favor of O’Connor Management, Inc., d/b/a Rivergate Mall, the defendant, in a lawsuit filed by Norma Jean Lewter, an employee of a tenant. Lewter was criminally assaulted in the mall's parking lot. The central issue revolves around whether the defendant owed a duty to the plaintiff to provide adequate security and whether the assault was foreseeable given prior incidents. The court affirmed the summary judgment, ruling that under Cornpropst v. Sloan, there must be actual notice of 'imminent probability of the act' rather than just knowledge of past similar acts, and found no special relationship between the mall and the plaintiff.

Shopping Mall LiabilityPremises LiabilityCriminal AttackSecurity DutyForeseeabilitySummary Judgment AppealTennessee LawInvitee ProtectionSpecial Relationship DoctrineWorkers' Compensation Intervention
References
4
Case No. MISSING
Regular Panel Decision

Deleon v. New York City Sanitation Department

DeGrasse, J., dissents from the majority's premise, arguing that the reckless disregard standard of care set forth under Vehicle and Traffic Law § 1103 (b) applies to the case. The case involves a 2010 collision between a plaintiff's vehicle and a mechanical street sweeper operated by defendant Robert P. Falcaro, a city sanitation worker. The dissent asserts that Rules of the City of New York (34 RCNY) § 4-02 (d) (1) (iv) incorporated this standard for highway workers, a category Falcaro falls under. It refutes the majority's interpretation of 34 RCNY § 4-02 (d) (1) (iii), stating it provides no standard of care and thus does not contradict the application of the reckless disregard standard. The dissenting judge concludes that summary judgment was properly granted by the court below, as there was no evidence of Falcaro's intentional conduct committed in disregard of a known or obvious risk of highly probable harm, and would affirm the denial of plaintiff’s motion for summary judgment and the granting of defendants’ cross motion.

Reckless disregardVehicle and Traffic LawStreet sweeperHighway workerSummary judgmentMunicipal lawNew York City RulesStandard of careDissentCollision
References
6
Case No. MISSING
Regular Panel Decision
May 24, 1989

People v. Hameed

This case involves an appeal from a judgment convicting the defendant of assault in the second degree and reckless endangerment in the first degree. The charges arose from an incident where the defendant allegedly assaulted his former co-worker, Charles Cranker, with a baseball bat, set fire to Cranker's apartment, and prevented him from escaping. The defendant denied his presence at the scene. Despite minor inconsistencies in Cranker's testimony, the jury found the defendant guilty. The appellate court affirmed the conviction, concluding that the evidence was sufficient to sustain the verdict and that the sentence imposed did not constitute an abuse of discretion.

Criminal AppealAssault Second DegreeReckless Endangerment First DegreeWitness CredibilitySufficiency of EvidenceWeight of EvidenceSentencing DiscretionMiranda WarningsCo-worker ConflictPhysical Violence
References
2
Case No. M2011-00211-CCA-R3-CD - Filed April 4, 2014
Regular Panel Decision
Apr 04, 2014

State of Tennessee v. Vernica Shabree Calloway

The defendant, Vernica Shabree Calloway, appealed her convictions for aggravated child neglect and reckless aggravated assault. The case involved the defendant giving birth at home, resulting in her newborn suffering permanent brain damage due to hypoxia. The primary issues on appeal included sufficiency of the evidence, alleged errors in trial court procedures regarding election of offenses, jury instructions, and double jeopardy claims. The court affirmed the judgment of the trial court but remanded for entry of a single judgment reflecting the merger of the assault conviction into the neglect conviction and setting her release eligibility at 30%.

Aggravated Child NeglectReckless Aggravated AssaultHypoxic-Ischemic EncephalopathyChild Abuse PediatricsMedical Expert TestimonyRule 404(b) EvidenceDouble JeopardySentencing GuidelinesSufficiency of EvidenceAppellate Review
References
50
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