People v. Acevedo

Decision Date04 May 1973
Citation298 N.E.2d 691,345 N.Y.S.2d 555,32 N.Y.2d 807
Parties, 298 N.E.2d 691 The PEOPLE of the State of New York, Respondents, v. Angelo ACEVEDO, Appellant.
CourtNew York Court of Appeals Court of Appeals

Order, 39 A.D.2d 664, 331 N.Y.S.2d 903, reversed for the reasons stated in the dissenting opinion at the Appellate Division and a new trial ordered on counts of the indictment submitted to the jury but upon which a verdict was not returned.

All concur.

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5 cases
  • People v. Gallagher
    • United States
    • New York Supreme Court — Appellate Division
    • April 14, 1986
    ...intent, is "logically repugnant" (see e.g., People v. Brown, 21 A.D.2d 738, 739, 249 N.Y.S.2d 922; see also, People v. Acevedo, 32 N.Y.2d 807, 345 N.Y.S.2d 555, 298 N.E.2d 691; cf. People v. Foster, 19 N.Y.2d 150, 278 N.Y.S.2d 603, 225 N.E.2d In view of the foregoing distinctions, it is my ......
  • People v. Roe
    • United States
    • New York Supreme Court — Appellate Division
    • March 11, 1993
    ... ... The superior court information to which defendant pleaded guilty charged an attempt to commit this crime. Such a crime is nonexistent (see, People v. Acevedo, 32 N.Y.2d 807, 345 ... N.Y.S.2d 555, 298 N.E.2d 691; People v. Terry, 104 A.D.2d 572, 479 N.Y.S.2d 278). The superior court information was, therefore, jurisdictionally defective (see, People v. Hassin, 48 A.D.2d 705, 368 N.Y.S.2d 253; see also, People v. Trepanier, 84 A.D.2d 374, 380, 446 ... ...
  • People v. Perez
    • United States
    • New York Supreme Court
    • March 10, 1981
    ...state of recklessness. One may not intentionally attempt to cause the death of another by a reckless act (People v. Acevedo, 32 N.Y.2d 807, 345 N.Y.S.2d 555, 298 N.E.2d 691; People v. Foster, 19 N.Y.2d 150, 278 N.Y.S.2d 603, 225 N.E.2d 200; People v. Jackson, 49 A.D.2d 680, 370 N.Y.S.2d 739......
  • Norelli & Oliver Const. Co., Inc. v. State
    • United States
    • New York Court of Appeals Court of Appeals
    • May 4, 1973
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