People v. Hayes, 324 N.E.2d 365 (NY 1974). · Go Syfert
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People v. Hayes, 324 N.E.2d 365 (NY 1974). Cases Citing This Book View Copy Cite
48 citation events (5 in the last 25 years) across 5 distinct courts.
Strongest positive: People v. Madison (nyappdiv, 2013-05-03)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "see" People v. Madison
N.Y. App. Div. · 2013 · signal: see · confidence high
It is well established that harassment in the second degree is not a lesser included offense of assault in the third degree (see People v Moyer, 27 NY2d 252, 253-254 [1970]; see generally People v Hayes, 43 AD2d 99, 102 [1973], affd 35 NY2d 907 [1974], rearg denied 37 NY2d 937 [1975]; People v Sipley, 209 AD2d 864, 865-866 [1994], lv denied 84 NY2d 1038 [1995]).
discussed Cited "see" MADISON, ALONZO, PEOPLE v
N.Y. App. Div. · 2013 · signal: see · confidence high
It is well established that harassment in the second degree is not a lesser included offense of assault in the third degree (see People v Moyer, 27 NY2d 252, 253-254 ; see generally People v Hayes, 43 AD2d 99, 102 , affd 35 NY2d 907 , rearg denied 37 NY2d 937 ; People v Sipley, 209 AD2d 864, 865-866 , lv denied 84 NY2d 1038 ).
discussed Cited "see" People v. Madison
N.Y. App. Div. · 2013 · signal: see · confidence high
It is well established that harassment in the second degree is not a lesser included offense of assault in the third degree (see People v Moyer, 27 NY2d 252, 253-254 [1970]; see generally People v Hayes, 43 AD2d 99, 102 [1973], affd 35 NY2d 907 [1974], rearg denied 37 NY2d 937 [1975]; People v Sipley, 209 AD2d 864, 865-866 [1994], lv denied 84 NY2d 1038 [1995]).
discussed Cited "see, e.g." People v. Bacchus
N.Y. App. Div. · 1991 · signal: see also · confidence low
However, a crime will be considered a lesser included offense only when the greater crime theoretically could not be committed without the lesser offense also being committed (see, People v Glover, 57 NY2d 61, 64 ; People v Green, 56 NY2d 427, 430 ; see also, People v Hayes, 43 AD2d 99 , affd 35 NY2d 907 ).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Samuel Lee Hayes and Lawrence MacK, Appellants
New York Court of Appeals.
Dec 20, 1974.
324 N.E.2d 365
William H. Bond, Nathaniel A. Barrell and Henrietta M. Wolfgang for appellants., Edward C. Cosgrove, District Attorney (Nancy Piggush of counsel), for respondent.
Cited by 45 opinions  |  Published

Orders affirmed on the opinion by Mr. Justice Frank Del Veoghio at the Appellate Division.

Concur: Chief Judge Breitel and Judges Jasen, Gabreelli, Jones, Waohtler, Rabin and Stevens.