People v. Bauer
| Decision Date | 09 April 1970 |
| Citation | 310 N.Y.S.2d 101,26 N.Y.2d 915 |
| Parties | , 258 N.E.2d 399 The PEOPLE, etc., Respondent, v. Stanley J. BAUER, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department, 32 A.D.2d 463, 305 N.Y.S.2d 42.
Peter L. Parrino, Buffalo, for appellant.
Michael F. Dillon, Dist. Atty. (Peter J. Notaro, Buffalo, of counsel), for respondent.
Defendant was convicted of conspiracy and of attempted grand larceny in the first degree.
The County Court of Erie County, Charles J. Gaughan, J., rendered judgment, and the defendant appealed.
The Appellate Division, Del Vecchio, J., reversed the conviction for conspiracy and affirmed conviction for attempted larceny. Gabrielli, J., dissented in part.
The defendant appealed to the Court of Appeals.
Judgment affirmed.
All concur.
To continue reading
Request your trial
-
People v. Jones
...the court's attention was directed to that subject" while in People v. Bauer, 32 A.D.2d 463, 305 N.Y.S.2d 42, affd., 26 N.Y.2d 915, 310 N.Y.S.2d 101, 258 N.E.2d 399, the Fourth Department refused to overturn a guilty verdict where the jury, at first, requested a rereading of certain portion......
-
People v. Dlugash
...(People v. Moran, 123 N.Y. 254, 25 N.E. 412; see, also, People v. Bauer, 32 A.D.2d 463, 468, 305 N.Y.S.2d 42, 47, affd. 26 N.Y.2d 915, 310 N.Y.S.2d 101, 258 N.E.2d 399.) As can be seen from even this abbreviated discussion, the distinction between "factual" and "legal" impossibility was a n......
-
People v. Lanni
...N.Y. 359, 361, 67 N.E.2d 581; People v. Bauer, 32 A.D.2d 463, 466-467, 305 N.Y.S.2d 42, 45-46; affd., on other grounds, 26 N.Y.2d 915, 310 N.Y.S.2d 101, 258 N.E.2d 399; People v. Chaplin, 8 A.D.2d 286, 291, 187 N.Y.S.2d 730, 736). These holdings were consonant with those elsewhere. (Nigro v......
-
People v. Menache
...of the offense which is the object of the conspiracy (see, e.g., People v. Bauer, 32 A.D.2d 463, 305 N.Y.S.2d 42, affd. 26 N.Y.2d 915, 310 N.Y.S.2d 101, 258 N.E.2d 399), we agree with LaFave and Scott that they "are incorrect for they are inconsistent with the function of the overt act requ......