Court of Appeals - Coercion First Degree: People v. Finkelstein

Daily Record Staff//February 16, 2017//

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New York State Court of Appeals

Coercion First Degree

Heinous Acts – Lesser Included Offense

People v. Finkelstein

No. 206

Judge Pigott

Background: The defendant appealed from his conviction of two counts of coercion in the first degree stemming from an incident involving threats made to his former girlfriend. He argues that the court, rather than the jury, made factual determinations regarding the seriousness of his threats when the court declined to instruct the jury on the lesser-included offense of coercion in the second degree.

Ruling: The Court of Appeals held that this particular case does not present an unusual factual situation warranting the lesser included charge. The evidence demonstrates that the defendant threatened to drive away the victim’s clients, make it impossible for her to conduct business, hurt her physically, and even kill her. Such methods of coercion have the heinous quality contemplated by the statute.

Sara Gurwitch for the appellant; Dana Poole for the respondent