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5.7 score
Top citers, strongest first. 5 distinct citers.
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discussed
Cited "see"
People v. Drumgold
Nevertheless, viewing the evidence in a neutral light, it establishes that defendant "engage[d] in conduct which tend[ed] to effect the commission of [the alleged] crime" (Penal Law § 110.00; see generally People v Kassebaum , 95 NY2d 611, 618 [2001], cert denied 532 US 1069 [2001]).
discussed
Cited "see"
People v. Drumgold
Nevertheless, viewing the evidence in a neutral light, it establishes that defendant "engage[d] in conduct which tend[ed] to effect the commission of [the alleged] crime" (Penal Law § 110.00; see generally People v Kassebaum , 95 NY2d 611, 618 [2001], cert denied 532 US 1069 [2001]).
discussed
Cited "see"
People v. McIntosh
Defendant’s sufficiency arguments concerning the attempted first-degree murder elements that he tried to kill the victim “for the purpose of’ preventing her from being a witness (Penal Law § 125.27 [1] [a] [v]; see Cahill, 2 NY3d at 56-57 ) and that he came “dangerously near” completion of the crime (People v Kassebaum, 95 NY2d 611, 618 [2001], cert denied 532 US 1069 [2001]; see Penal Law § 110.00) are also unpreserved for review.
discussed
Cited "see"
People v. Naradzay
It is well established that conduct tends to effect the commission of a crime when it brings the perpetrator “so near to its accomplishment that in all reasonable probability the crime itself would have been committed but for timely interference” (People v Rizzo, 246 NY 334, 337 [1927]; see generally People v Kassebaum, 95 NY2d 611, 618 [2001], cert denied 532 US 1069 [2001], rearg denied 96 NY2d 854 [2001]; People v Di Stefano, 38 NY2d 640, 652 [1976]).
discussed
Cited "see, e.g."
People v. Cruz
“A person is guilty of kidnapping in the second degree when he abducts another person.” (Penal Law § 135.20.) Insofar as relevant, “ ‘[a]bduct’ means to restrain a person with intent to prevent his liberation by * * * secreting or holding him in a place where he is not likely to be found.” (Penal Law § 135.00 [2].) “A person is guilty of an attempt to commit a crime when, with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime.” (Penal Law § 110.00.) This provision has been construed as requiring proof that defendant engaged in…
Retrieving the full opinion text from the archive…
Kassebaum
v.
New York
v.
New York
No. 00-9230.
Supreme Court of the United States.
Jun 4, 2001.
Published
Ct. App. N. Y. Certiorari denied.