Free Newsletter
Fourth Department – Assault: People v. Talley
Daily Record Staff//June 4, 2026//
New York State Supreme Court, Appellate Division, Fourth Judicial Department
Assault — Physical injury
KA 23-00084
Appealed from Erie County Court
Background: The defendant appealed from his conviction of assault arising out of an incident where he repeatedly hit the victim in the head and lip with an air gun.
Ruling: The Appellate Division affirmed. The court noted that the victim was hit multiple times causing her to sustain goose eggs on her head and lip laceration. Her pain was not trivial. A CAT scan was performed, and medical professionals recommended that the victim have stitches to repair her lip. The fact she refused stitches does not negate the finding that the defendant inflicted substantial pain when he repeatedly hit her with the gun.
Robert L. Kemp, of The Legal Aid Bureau of Buffalo, for the defendant-appellant; April J. Orlowski, of the district attorney’s office, for the respondent.
Submitted
Case Digests
- Second Circuit – Expert testimony: Rutledge v. Walgreen Co.; Phippen v. Walgreen Co.
- Second Circuit – Congestion pricing: County of Rockland v. Triborough Bridge & Tunnel Auth.
- Fourth Department – Apartment search: People v. Shaw
- Fourth Department – Vicarious liability: Sarah R. v. Crouse Health Hospital
- Fourth Department – Waiver of indictment: People v. Schindler
- Second Circuit – New trial: McClarin v. City of New York
- Second Circuit – First Amendment: Real Estate Board of New York Inc. v. The City of New York
- Fourth Department – Juvenile offender: People v. Kameron P.
- Second Circuit – Anticompetitive policy: Cumulus Media New Holdings Inc. v. The Nielsen Co. (US) LLC
- Fourth Department – Aggravated harassment: People v. O’Neill
- Second Circuit – Convention Against Torture: Aguilar-Villalobos v. Blanche
Law News
- NY appeals court reinstates slip-and-fall lawsuit
- Charter Communications must pay penalty for retaliation against employee
- Webster resident named to lead national court reporter group
- NY appeals court affirms rape conviction, rejects speedy trial claim
- Telesca Center for Justice gets $90,000 in state funding
- Trevett Cristo P.C. celebrates 100th anniversary
- NY appeals court affirms weapon conviction rejecting illegal stop claims
- Nursing home worker accused of stealing from residents
Polls
Loading ...