People v. Ryder, 146 A.D.3d 1022 (N.Y. App. Div. 2017). · Go Syfert
People v. Ryder, 146 A.D.3d 1022 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
29 citation events (29 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Zakrzewski (nyappdiv, 2026-05-14)
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
examined Cited as authority (rule) People v. Zakrzewski (4×)
N.Y. App. Div. · 2026 · confidence medium
In considering all of the evidence, there is a valid line of reasoning which could lead a rational person to the conclusion reached by the jury that the victim either lost consciousness, experienced a state of stupor or suffered any other physical injury as a result of defendant squeezing her neck on two separate occasions and, thus, as a matter of law the People satisfied their proof and burden requirements for every element of the charged crime ( see People v Peasley , 208 AD3d at 1470; People v Manigault , 150 AD3d 1331, 1332-1333 [3d Dept 2017], lv denied 29 NY3d 1130 [2017]; People v Ryde…
discussed Cited as authority (rule) People v. Oquendo
N.Y. App. Div. · 2026 · confidence medium
Additionally, the fact that the victim was found with a Hannaford shopping bag wrapped around her neck and that she died as the result of "asphyxia due to suffocation due to restriction of ventilation" amply supports the jury's finding that the killing was intentional (<i>see People v Cartagena</i>, 149 AD3d 1518, 1518-1519 [4th Dept 2017], <i>lv denied</i> 29 NY3d 1124 [2017]; <i>People v Ryder</i>, 146 AD3d 1022, 1024 [3d Dept 2017], <i>lv denied</i> 29 NY3d 1086 [2017]).
examined Cited as authority (rule) People v. Dunn (3×)
N.Y. App. Div. · 2025 · confidence medium
Contrary to defendant's contention, it is irrelevant whether defendant actually caused serious physical injury to the victim inasmuch as the BB gun, as used by defendant, was readily capable of causing serious physical injury and thus constituted a dangerous instrument ( see § 10.00 [13]; see generally People v Carter , 53 NY2d 113, 116 [1981]; People v Nosea , 212 AD3d 511, 511 [1st Dept 2023], lv denied 39 NY3d 1143 [2023]; People v Ryder , 146 AD3d 1022, 1025 [3d Dept 2017], lv denied 29 NY3d 1086 [2017]).
discussed Cited as authority (rule) People v. Peasley
N.Y. App. Div. · 2022 · confidence medium
Viewed in the light most favorable to the People, the injuries to the victim's neck and nose, which were established by the victim's and the officer's testimony, could reasonably be attributed to defendant's act of pulling the victim's shirt [*4]around her neck and over her face ( see People v Mooney , 174 AD3d 922 , 923 [2d Dept 2019], lv denied 34 NY3d 982 [2019]; People v Ryder , 146 AD3d 1022, 1025 [3d Dept 2017], lv denied 29 NY3d 1086 [2017]; People v Haardt , 129 AD3d at 1323-1324 ).
discussed Cited as authority (rule) People v. Wilder
N.Y. App. Div. · 2021 · confidence medium
Contrary to defendant's contentions, any inconsistencies between the victim's testimony and prior reports were minor and did not render his testimony inherently unbelievable or incredible as a matter of law ( see People v Delbrey , 179 AD3d 1292, 1294 [2020], lv denied 35 NY3d 969 [2020]; People v Ryder , 146 AD3d 1022, 1025 [2017], lv denied 29 NY3d 1086 [2017]).
discussed Cited as authority (rule) People v. Warner
N.Y. App. Div. · 2021 · confidence medium
Moreover, "[t]he absence of a long-term serious injury to a victim does not preclude the finding of life-threatening actions by a defendant" ( People v Ryder , 146 AD3d 1022, 1024 [2017], lv denied [*6] 29 NY3d 1086 [2017]), and the proof that the victim suffered symptoms associated with a collapsed lung, necessitating the placement of a chest tube and intubation, was sufficient to establish that defendant came "dangerously near" the commission of the completed crimes ( People v Kassebaum , 95 NY2d 611, 618 [2001], cert denied 532 US 1069 [2001]).
discussed Cited as authority (rule) People v. Rahaman
N.Y. App. Div. · 2020 · confidence medium
Although defendant contends that the victim's injuries were minor, "[t]he absence of a long-term serious injury to a victim does not preclude the finding of life-threatening actions by a defendant" ( People v Ryder , 146 AD3d 1022, 1024 [2017], lv denied 29 NY3d 1086 [2017]).
discussed Cited as authority (rule) People v. Baber
N.Y. App. Div. · 2020 · confidence medium
The weight of the evidence supports the conclusion that defendant threw the motel room telephone, rather than a cell phone, at the victim; further, the telephone was a "dangerous instrument" within the meaning of the Penal Law because the evidence established that, used in that manner, it was "readily capable of causing death or other serious physical injury" (Penal Law § 10.00 [13]; see Penal Law § 120.05 [2]; People v Ryder , 146 AD3d 1022, 1024-1025 [2017], lv denied 29 NY3d 1086 [2017]).
cited Cited as authority (rule) People v. Ackerman
N.Y. App. Div. · 2019 · confidence medium
As such, the People's proof was legally sufficient to show that defendant possessed the requisite intent to kill ( see People v Ryder , 146 AD3d 1022, 1024 [2017], lv denied 29 NY3d 1086 [2017]).
discussed Cited as authority (rule) People v. Pietoso
N.Y. App. Div. · 2019 · confidence medium
Our weight of the evidence review permits us to "independently assess the relative probative force of conflicting testimony and the relative strength of conflicting inferences that may be drawn from the testimony" only if we can conclude, as a threshold issue, that "a different verdict would not have been unreasonable" [*2]( People v Ryder , 146 AD3d 1022, 1023 [2017] [internal quotation marks and citations omitted] lv denied 29 NY3d 1086 [2017]; see People v Danielson , 9 NY3d 342, 348-349 [2007]).
discussed Cited as authority (rule) People v. Hilton
N.Y. App. Div. · 2018 · confidence medium
Based upon the foregoing and the photographs admitted into evidence, we conclude that the strangulation conviction was not against the weight of the evidence ( see People v Ryder , 146 AD3d 1022, 1025 [2017], lv denied 29 NY3d 1086 [2017]; People v Cox , 129 AD3d 1210, 1212 [2015], lv denied 26 NY3d 966 [2015]).
discussed Cited as authority (rule) People v. Pohl
N.Y. App. Div. · 2018 · confidence medium
With respect to count two, the complainant's testimony that defendant choked her into unconsciousness is legally sufficient to establish that he caused her physical injury ( see People v Ryder , 146 AD3d 1022, 1025 [3d Dept 2017], lv denied 29 NY3d 1086 [2017]; see also People v Suyoung Yun , 140 AD3d 402, 403 [1st Dept 2016], lv denied 28 NY3d 937 [2016]).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2018 · confidence medium
The jury was also justified in finding that defendant possessed the knife, which was within his reach when the police entered the residence, and used it against the victim ( see Penal Law §§ 120.05 [2]; 120.10 [1]; see generally People v Winter , 51 AD3d 599 , 600 [1st Dept 2008], lv denied 10 NY3d 966 [2008]), and that defendant caused the victim to lose consciousness when he placed his hands around her neck ( see § 121.12; People v Ryder , 146 AD3d 1022, 1025 [3d Dept 2017], lv denied 29 NY3d 1086 [2017]).
discussed Cited as authority (rule) People v. Bombard
N.Y. App. Div. · 2018 · confidence medium
When reviewing a legal sufficiency challenge, the evidence should be viewed in the light most favorable to the People, and the benefit of every favorable inference should be given to them ( see People v Bueno , 18 NY3d at 169 ; People v Ryder , 146 AD3d 1022, 1023 [2017], lv denied 29 NY3d 1086 [2017]; People v Baltes , 75 AD3d 656, 658 [2010], lv denied 15 NY3d 918 [2010]).
discussed Cited as authority (rule) People v. Robinson
N.Y. App. Div. · 2018 · confidence medium
The jury was entitled to credit the testimony of the victim over that of the main defense witness on the issues of justification and whether the victim lost consciousness ( see People v Ryder , 146 AD3d 1022, 1025 [3d Dept 2017], lv denied 29 NY3d 1086 [2017]; People v Wilmot , 60 AD3d 1454 , 1454 [4th Dept 2009], lv denied 12 NY3d 930 [2009], reconsideration denied 13 NY3d 864 [2009]; see generally People v Reyes , 144 AD3d 1683 , 1684-1685 [4th Dept 2016]), and defendant's intent to impede the victim's normal breathing could be inferred from the evidence that he applied pressure to the victi…
discussed Cited "see" People v. Lang
N.Y. App. Div. · 2018 · signal: see · confidence high
A person is guilty of murder in the second degree when, "[w]ith the intent to cause the death of another person," he or she causes the death of another person (Penal Law § 125.25 [1]; see People v Ryder , 146 AD3d 1022, 1024 [2017], lv denied 29 NY3d 1086 [2017]).
discussed Cited "see" People v. Barnes
N.Y. App. Div. · 2018 · signal: see · confidence high
People v Williams , 40 AD3d 402, 403 [1st Dept 2007], lv denied 9 NY3d 883 [2007]; People v Prior , 23 AD3d 1076, 1076 [4th Dept 2005], lv denied 6 NY3d 817 [2006]; Matter of Brittanie G. , 6 AD3d 1213, 1214 [4th Dept 2004]), he contends that it is "utter[ly] implausib[le] . . . that [the victim] was assaulted with a telephone receiver." We conclude that the victim's testimony that defendant assaulted her with a telephone receiver was not incredible as a matter of law, i.e., " manifestly untrue, physically impossible, contrary to experience, or self-contradictory' " ( People v Smith , 73 AD3d …
discussed Cited "see" People v. Placido
N.Y. App. Div. · 2017 · signal: see · confidence high
“In other words, the defendant must have engaged in conduct that came dangerously near commission of the completed crime” (id. [internal quotation marks and citations omitted]; see People v Ryder, 146 AD3d 1022, 1024 [2017]).
discussed Cited "see" People v. Placido
N.Y. App. Div. · 2017 · signal: see · confidence high
“In other words, the defendant must have engaged in conduct that came dangerously near commission of the completed crime” (id. [internal quotation marks and citations omitted]; see People v Ryder, 146 AD3d 1022, 1024 [2017]).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Thomas Ryder, Appellant
107048.
Appellate Division of the Supreme Court of the State of New York.
Jan 5, 2017.
146 A.D.3d 1022
Mulvey, Garry, Egan, Rose, Clark.
Cited by 19 opinions  |  Published
Mulvey, J.

Appeal from a judgment of the County Court of Albany County (Lynch, J.), rendered May 13, 2014, convicting defendant following a nonjury trial of the crimes of attempted murder in the second degree, strangulation in the first degree, strangulation in the second degree and assault in the second degree (two counts).

Defendant was charged in a six-count indictment with one count of attempted murder in the second degree, one count of strangulation in the first degree, two counts of strangulation in the second degree and two counts of assault in the second degree. The charges stem from defendant’s May 23, 2013 beating of his 65-year-old mother (hereinafter the victim). Defendant waived a jury trial and County Court found defendant guilty of attempted murder in the second degree, strangulation in the first degree, strangulation in the second degree and both counts of assault in the second degree. He was sentenced to an aggregate prison term of 21 years with five years of postrelease supervision.

[*1023] Defendant argues that the verdict was not supported by legally sufficient evidence and was against the weight of the evidence. “In determining legal sufficiency, we view the evidence in the light most favorable to the People and give them the benefit of every favorable inference. We will not disturb the verdict if the evidence demonstrates a valid line of reasoning and permissible inferences that could lead a rational person to the conclusion reached by the jury. When we conduct a weight of the evidence review, if we are satisfied that a different verdict would not have been unreasonable, we independently assess the relative probative force of conflicting testimony and the relative strength of conflicting inferences that may be drawn from the testimony” (People v Baltes, 75 AD3d 656, 658 [2010] [internal quotation marks and citations omitted], lv denied 15 NY3d 918 [2010]).

On May 23, 2013, at approximately 3:30 a.m., the victim was in her apartment getting ready to report to work as a hotel laundry attendant. Three days earlier, she had agreed to let defendant, her 45-year-old son, stay in her spare bedroom for a few days following his 15-year absence. She ventured from her bedroom into the living room to turn off the television. Defendant was sleeping on the couch and when she tried to turn the television off, she accidentally knocked a DVD player onto the floor, waking defendant. Defendant rose up and stared at her. He pushed the victim to the floor, causing her to strike her shoulder and head. After she got up, he ordered her to sit on the couch and watch a movie. He informed her that he was going to get a gun and kill her. When she tried to leave, he punched her in the face causing her to land on her back. Defendant jumped on top of her and began punching her in the face and head with his fists. He dragged her around the room by her hair, then stomped on her with his feet, and kicked her in the breast, stomach, wrists and legs. Defendant retrieved a pair of headphones from his bedroom and started beating the victim in the mouth with them. He tried to open her mouth and shove them down her throat, raking them across her teeth. He put his hand around the victim’s throat and choked her while she begged for her life. She was unable to breathe and believed that she was dying, testifying at trial that “it all went black.” When she opened her eyes, she saw that defendant was standing by the bedroom with his back to her. The victim escaped the apartment and, as she was walking down the street toward the police station in her nightgown, a cab driver stopped and drove her to the police station. She was transported to the hospital and, upon examination, found to have sustained swelling to her right eye, a broken right arm, three distinct fractures[*1024] to the right side of her face, a subconjunctive hemorrhage in the inner eye and extensive bruising on her face, neck, torso and legs. At trial, defendant admitted that he grabbed and punched a person in the apartment that morning, believing the person to be an intruder. He ultimately admitted that the person he attacked was his mother, but asserted that he did not realize it at the time. He also denied ever strangling her, using headphones to beat her or trying to kill her.

Defendant’s challenge to the conviction of attempted murder in the second degree centers on the fact that the victim was treated and released from the hospital the same day and that there was no proof of a need for follow-up medical care. A person is guilty of murder in the second degree, when, with an intent to kill, that person causes the death of another person (see Penal Law § 125.25 [1]). A person is guilty of an attempt to commit a crime, when, with specific intent to commit such a crime, that person “engages in conduct which tends to effect the commission of such crime” (Penal Law § 110.00). The “ ‘intent to kill may be inferred from the surrounding circumstances and a defendant’s actions’ ” (People v Stanford, 130 AD3d 1306, 1308 [2015], lv denied 26 NY3d 1043 [2015], quoting People v Hamilton, 127 AD3d 1243, 1245 [2015], lv denied 25 NY3d 1164 [2015]). The proof must show that the defendant “engaged in conduct that came dangerously near commission of the completed crime” (People v Kassebaum, 95 NY2d 611, 618 [2001] [internal quotation marks omitted], cert denied 532 US 1069 [2001]).

The brutal beating and choking of the victim, together with defendant’s threatening words in the course thereof, clearly demonstrated his intent to kill. Medical testimony established that the act of strangling a person to the point where the person loses consciousness is life-threatening due to deprivation of oxygen and blood flow to the brain. The absence of a long-term serious injury to a victim does not preclude the finding of life-threatening actions by a defendant (see People v Greenfield, 112 AD3d 1226, 1227-1228 [2013], lv denied 23 NY3d 1037 [2014]; People v Fernandez, 88 NY2d 777, 783 [1996]). Under these circumstances, we find that the People’s proof in support of this charge was legally sufficient and the verdict was not against the weight of the credible evidence.

With regard to count 5 of the indictment, assault in the second degree, defendant contends that the weight of the evidence does not establish that he used headphones in the course of the victim’s beating, and that headphones do not constitute a dangerous instrument as defined in Penal Law[*1025] § 10.00 (13). As relevant here, a person is guilty of assault in the second degree when, “[w]ith intent to cause physical injury to another person, he [or she] causes such injury to such person ... by means of a deadly weapon or a dangerous instrument” (Penal Law § 120.05 [2]). A dangerous instrument is defined as “any instrument, article or substance . . . which, under the circumstances in which it is used, ... is readily capable of causing death or other serious physical injury” (Penal Law § 10.00 [13]). We conclude that, in light of the manner in which the headphones were used, as described by the victim here, they qualify as a dangerous instrument (see People v Ray, 273 AD2d 611, 613 [2000]). Defendant notes that the victim did not mention the headphones in her initial report to the police or to the medical providers and that they were not identified at trial. These points merely address the credibility of her assertion that the headphones were used to beat her about the face and mouth. While a different verdict on this count would not have been unreasonable in light of defendant’s testimony, after considering the evidence in a neutral light and according due deference to County Court’s credibility determinations, we conclude that the verdict on this count is not against the weight of the evidence (see People v Pine, 126 AD3d 1112, 1115-1116 [2015], lv denied 27 NY3d 1004 [2016]).

Turning to the charge of strangulation in the second degree, we reject defendant’s contention that there was a lack of evidence of “stupor, loss of consciousness for any period of time, or any other physical injury or impairment” (Penal Law § 121.12). The victim’s description of her experience while defendant was squeezing her throat with his hand confirms her loss of consciousness since she testified that she “saw black spots and lights flashing” before “it went all black.” She also testified that she lost bladder function. Medical proof confirmed how pressure to the throat leads to a loss of consciousness and loss of bladder control. Further, the strangulation injuries as described by the victim and the medical care providers amply established physical injury, which is defined as “impairment of physical condition or substantial pain” (Penal Law § 10.00 [9]). Photographs of the victim’s neck taken several days after the attack confirm bruising consistent with the pressure applied to the victim’s neck. We find that this evidence was sufficient as a matter of law (see People v Carte, 113 AD3d 191, 194 [2013], lv denied 23 NY3d 1035 [2014]). Nor was the verdict on this charge against the weight of the evidence, since there was ample basis for County Court to credit the victim’s testimony and the medical proof presented by the People.

Finally, we reach the same conclusion as to the proof in sup[*1026] port of the charge of strangulation in the first degree, which required the People to prove that the victim sustained a “serious physical injury” (Penal Law § 121.13). To establish this element, the proof must show an injury “which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ” (Penal Law § 10.00 [10]). As noted above, testimony by a pathologist confirmed that the restriction of blood flow to the brain to the extent that it causes unconsciousness, impaired vision and/or loss of motor function is life-threatening. We find that this evidence was legally sufficient to establish the element of serious physical injury because it constituted an impairment of her physical condition creating a substantial risk of death (see People v McCann, 126 AD3d 1031, 1034 [2015], lv denied 25 NY3d 1167 [2015]; People v Miller, 290 AD2d 814, 815 [2002], lv denied 98 NY2d 678 [2002]).

Garry, J.P., Egan Jr., Rose and Clark, JJ., concur.

Ordered that the judgment is affirmed.