Friday, July 17, 2020

Elsewhere in the County

This report in the Register-Star is pretty jaw dropping: "Police: Video shows no laws broken." People brandish a gun at peaceful protesters passing by their house, and the state police conclude that no laws were broken because it was a legally owned gun? The public should be allowed to see the video that is the basis of this determination, because it doesn't seem to jibe with eyewitness accounts.
COPYRIGHT 2020 CAROLE OSTERINK

8 comments:

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  2. “Menacing” is a serious crime, in some places it is referred to as brandishing. There is video evidence, the people of Kinderhook should be outraged.

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  3. Seems our Mayor is into the BLM movement. Is that the same movement he was on in 2002 at Hudson High when him and his little Hudson Street Gang started race fights in Hudson High School. After watching his little self movie I can’t think of a Mayor who would try to tell a cop how to preform there job and to want someone arrested for carrying a legally owned gun. Clown in my eye. To Be Continued.....

    Hudson High Grad 2003

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  4. New York State Penal Law § 120.14 Menacing in the second degree.
    A person is guilty of menacing in the second degree when:
    1. He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm;
    New York State Penal Law § 120.15. Menacing in the third degree
    A person is guilty of menacing in the third degree when, by physical menace, he or she intentionally places or attempts to place another person in fear of death, imminent serious physical injury or physical injury.
    From the Practice Commentary (guidance on the applicability of the law): The classic illustration of menacing in the third degree “is posed by a person who, with intent to frighten another, points a gun at him which is in fact unloaded though not known by the victim to be so.”

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    1. Thanks KD, I appreciate it when people present the law itself, then let others consider the language on their own.

      Even better to provide URLs to make the education complete.

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  5. The protesters did not have a permit. The mayor of Kinderhook did not know that there was going to be a march through Kinderhook. The mayor of Hudson did not tell the mayor of Kinderhook that he was coming up to protest. I think that this is aggressive and disrespectful towards Kinderhook. Understanding this reality completes our education.

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    1. Please cite a source for these assertions. Thanks.

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