Nathanial Herbert was convicted by the Kings County Criminal Court of menacing in the second degree because he had inappropriately wielded a pair of scissors. On appeal, Herbert claimed the prosecution's complaint hadn't sufficiently described the scissors or the manner in which he employed them.
The Appellate Term, Second Department, was of the view prosecutors only had to allege that Herbert positioned the scissors at the victim's neck in order to cause that individual to fear physical injury or harm. Details--such as whether Herbert used the scissors' blades or rounded handles--weren't seen as necessary or relevant.
They cut that dead.
To view a copy of the Appellate Term's decision, please use this link: People v. Herbert (Nathaniel)