Topic: it is impossible to determine whether the act that formed t… · Go Syfert
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Topic #19727

7 canonical passages across 7 cases, quoted by 21 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from People v. Alford.

#Case FlagCanonical passage Citers
1 People v. Alford Anchor
ny · 2010
green “it is impossible to determine whether the act that formed the basis for the jury's guilty verdict on one count . . . was also . . . the . . . act that formed the basis for its guilty verdict on another count” 3
2 People v. Wright
ny · 2012
green “the people neither alleged nor proved that defendant's possession of the weapons was marked by an unlawful intent separate and distinct from his intent to commit the substantive crimes” 3
3 People v. Day
ny · 1989
green “the actus reus element is, by definition, the same for both offenses (under the first prong of the statute), or if the actus reus for one offense is, by definition, a material element of the second offense (under the second prong)” 3
4 Krajewski v. Andriaccio
nyappdiv · 2013
green “mandatory denial of a motion pursuant to cpl 440.20 is required only when the issue 'was previously determined on the merits upon an appeal from the judgment or sentence” 3
5 People v. Ahedo
nyappdiv · 1996
green “the felony upon which the felony assault is predicated is a material element of that crime,” 3
6 People v. Plater
nyappdiv · 1997
green “the same conduct which resulted in defendant's conviction of reckless endangerment established that he used a dangerous instrument to commit the burglary” 3
7 People v. Howard
nyappdiv · 1998
green “the same conduct resulting in defendant's conviction of first-degree assault also constituted the physical injury element of one count of burglary in the first degree and the use of a dangerous instrument element of the other” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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