People v. Carter, 53 N.Y.2d 113 (1981)
An object, not inherently dangerous, can be deemed a ‘dangerous instrument’ under the Penal Law if it is used in a manner readily capable of causing death or serious physical injury.
Summary
Defendant Carter was convicted of first-degree assault for stomping on his girlfriend’s head with rubber boots, causing her to lapse into a coma. The central issue was whether the boots constituted a ‘dangerous instrument’ under New York Penal Law. The Court of Appeals affirmed the conviction, holding that an object’s status as a ‘dangerous instrument’ depends on its use and whether that use renders it readily capable of causing serious physical injury, regardless of its inherent nature. The court emphasized that the manner of use transformed the ordinary boots into a dangerous instrument.
Facts
Defendant Carter and his girlfriend, Frances Coleman, were arguing while driving. Coleman exited the vehicle and began walking away. Carter then physically assaulted her, striking her with his fists until she fell to the ground. While she was on the ground, Carter kicked and “stomped” her head and face with his rubber boots. Coleman suffered severe injuries and lapsed into a coma from which she was not expected to recover.
Procedural History
Carter was indicted on charges of attempted murder and first-degree assault. The assault charge was based on the intentional causation of serious physical injury using a deadly weapon or a dangerous instrument. The jury acquitted Carter of attempted murder but convicted him of first-degree assault. The Appellate Division affirmed the conviction, rejecting Carter’s argument that the rubber boots were not a ‘dangerous instrument.’ Carter then appealed to the New York Court of Appeals.
Issue(s)
Whether rubber boots, not inherently dangerous, can be considered a ‘dangerous instrument’ within the meaning of New York Penal Law when used to stomp on a person’s head, causing serious physical injury?
Holding
Yes, because the statute defines a dangerous instrument as any instrument, article, or substance which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury, irrespective of its inherent nature.
Court’s Reasoning
The Court of Appeals relied on the statutory definition of ‘dangerous instrument’ found in Penal Law § 10.00(13), which focuses on the use of the object rather than its inherent nature. The court emphasized that any object can become a dangerous instrument if used in a way that makes it readily capable of causing serious physical injury. The court cited previous cases, such as People v. Cwikla, where a handkerchief used to asphyxiate a victim was deemed a dangerous instrument. The court distinguished between the inherent nature of an object and its temporary use as a weapon. “The object itself need not be inherently dangerous. It is the temporary use rather than the inherent vice of the object which brings it within the purview of the statute.” In Carter’s case, the court found sufficient evidence to support the jury’s conclusion that the rubber boots, when used to stomp on the victim’s head with tremendous force, were readily capable of causing serious physical injury. Therefore, the boots qualified as a ‘dangerous instrument’ in this specific context. The court affirmed the Appellate Division’s order and upheld the conviction.