Appellate Division of the Supreme Court of the State of New York October 15, 1981 (People v. Bink)

Weiss, J., concurs in part and dissents in part

in the following memorandum. Weiss, J. (concurring in part and dissenting in part). In my view, a distinction between the January 2 and January 3 incidents as to whether or not defendant made implicit and explicit threats that placed the complainant “in fear of immediate death or serious physical injury” (Penal Law, § 130.