Convicted of assault in the second degree, Dewayne Richardson, a "second violent felony offender," was sentenced to a seven-year prison term by the New York County Supreme Court.
Although he claimed that his actions were legally justified, the Appellate Division, First Department, disagreed--particularly since Richardson was seen "repeatedly stomping the victim's head and chest with his heavy boots, while the victim was on the ground covered in blood."
Because his footwear was a "dangerous instrument," and his conduct amounted to "deadly physical force," the AD1 left the conviction undisturbed.
They sure gave him the boot.
To view a copy of the Appellate Division's decision, please use this link: People v. Richardson