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Reasons why New York Sucks

Discussion in 'Social Life, Food & Drink, Travel' started by Manton, Aug 26, 2012.

  1. ter1413

    ter1413 Senior member

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    I also didn't realize it until I read the above article. She must have felt like a dope(well, you think she should have) spending the night in central booking.
     
  2. otc

    otc Senior member

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    Shouldn't she also be charged with assault for hitting that guy's phone out of his hand multiple times?
     
  3. ter1413

    ter1413 Senior member

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    That's not assault. That may be a part of the disorderly conduct charge.
     
  4. gomestar

    gomestar Senior member

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    my guess is the guy also didn't stick around to press charges, nor did the police on scene see the video (I'm guessing this because of the NYPD quoted as "investigating the video" when charges were already made at the scene.
     
  5. edmorel

    edmorel Senior member Dubiously Honored

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  6. ter1413

    ter1413 Senior member

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    FTFY.
     
  7. UnFacconable

    UnFacconable Senior member

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    Heading to NY soon for my annual visit. So what I'm hearing is I should leave my 8 ball jacket at home? Maybe I can borrow someone's FUBU.
     
  8. otc

    otc Senior member

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    Why not? Physically knocking someone's fragile $500 electronic gizmo out of their hand while charging towards them and yelling seems pretty much exactly like assault. Maybe not battery since there was no physical harm involved (unless that man has dainty fingers), but I feel like an assault charge would be justified there.

    Guy doesn't have to stick around for the charges to be pressed (victims don't press charges, they simply complain to the state which actually brings the charges), the state could do that on the video and other witness evidence alone.
     
    Last edited: Nov 10, 2014
  9. Rumpelstiltskin

    Rumpelstiltskin Senior member

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    8Ball spoke like he was deaf
     
    Last edited: Nov 10, 2014
  10. ter1413

    ter1413 Senior member

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    No. First there was no damage....but that is besides the point.
    That is not assault in NYC. Maybe a low degree criminal mischief....but as someone said, the vid/phone guy probably bounced after the train stopped. They are not going to add another charge because she knocked a phone out of someones hand and he picked it up and started filming again.
     
    Last edited: Nov 10, 2014
  11. sugarbutch

    sugarbutch Senior member Dubiously Honored

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    The sound was so perfect, almost like he had a foley artist punch it up a bit.
     
  12. lawyerdad

    lawyerdad Senior member

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    Agreed. It falls well within the traditional definition of assault, and likely battery as well. Whether it's a case a prosecutor would want to pursue may be another matter, of course.
    And at least under traditional concepts of tort law, a battery doesn't need to cause physical harm to be actionable -- the fact that's it's offensive is generally enough (again, "enough" in the sense of fitting within four corners of the definition - not necessarily warranting anything beyond nominal damages).
     
  13. gomestar

    gomestar Senior member

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    when something that sounds like a big slab of pork belly crashing onto a tile floor is actually a pompus asshole being bitch slapped ... it makes my morning.




    if this happened on October 30th, I would have gone right out and picked on up for my new halloween costume.
     
    Last edited: Nov 10, 2014
  14. ter1413

    ter1413 Senior member

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    Not in NYC.
     
  15. lawyerdad

    lawyerdad Senior member

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    That could very well be. I don't know anything about New York state or NYC municipal law. Why would I, given that NY sucks?
    My comment is based only on the traditional common law definitions of "assault" and "battery".
     
    Last edited: Nov 10, 2014
  16. gomestar

    gomestar Senior member

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    when I googled "felony assault", one of the first things that popped up was "felony assault NYC", suggesting that it might be treated a little differently in the city
     
  17. ter1413

    ter1413 Senior member

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    Yep. It probably falls under "criminal mischief" in NYC.
     
  18. otc

    otc Senior member

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    Hmm, wikipedia tells me that there is no battery in NY, assault is what other states define as battery, and they have a charge of "Menacing" to cover what other states call assault.
     
  19. UnFacconable

    UnFacconable Senior member

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    Such a good couple's outfit. The wife can wear flats and carry some steve maddens.
     
    Last edited: Nov 10, 2014
  20. ter1413

    ter1413 Senior member

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    Just watched it again. Classic!
     

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