Fourth Department - Assault: People v. Dowdell

Daily Record Staff//April 17, 2023//

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Assault

Physical injury

People v. Dowdell

KA 21-01358

Appealed from Cayuga County Court

Background: The defendant appealed from a judgment convicting him of assault and promoting prison contraband. The charges arose from an incident wherein the defendant, during a routine pat frisk for contraband outside his cell, retreated into his cell and attempted to close the sliding steel cell door, which slammed against the arm of a correction officer as he reached into the cell to stop the defendant.

Ruling: The Appellate Division reversed. The court held that the evidence was legally insufficient to establish the correction officer sustained physical injury. The evidence only demonstrated that the officer sustained slight scraping and scratching, perhaps some bruising, minor swelling and a small laceration without bleeding.

David P. Elovitch, for the defendant-appellant; Richard S. Pado, of the district attorney’s office, for the respondent.

Submitted