People v. Hernandez
| Decision Date | 19 March 1997 |
| Citation | 658 N.Y.S.2d 250,89 N.Y.2d 1012 |
| Parties | , 680 N.E.2d 624 People v. Roberto Hernandez |
| Court | New York Court of Appeals Court of Appeals |
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4 cases
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People v. Wells
... ... Keindl, 68 N.Y.2d 410, 421422, 509 N.Y.S.2d 790, 502 N.E.2d 577 [1986] ; People v. Flanders, 111 A.D.3d 1263, 1265, 974 N.Y.S.2d 692 [2013], affd. 25 N.Y.3d 997, 10 N.Y.S.3d 169, 32 N.E.3d 384 [2015] ; see also People v. Hernandez, 235 A.D.2d 367, 368, 653 N.Y.S.2d 322 [1997], lv. denied 89 N.Y.2d 1012, 658 N.Y.S.2d 250, 680 N.E.2d 624 [1997] ). Relative to this charge, to establish that defendant was guilty of reckless endangerment in the first degree, the People were required to prove that, under circumstances evincing ... ...
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People v. Flanders
... ... First Meridian Planning Corp., 86 N.Y.2d 608, 615616, 635 N.Y.S.2d 144, 658 N.E.2d 1017). Under the circumstances of this case, the crime of reckless endangerment involved a continuing offense and could therefore encompass multiple acts in one count without being duplicitous ( People v. Hernandez, 235 A.D.2d 367, 368, 653 N.Y.S.2d 322,lv. denied89 N.Y.2d 1012, 658 N.Y.S.2d 250, 680 N.E.2d 624). In our view, the fact that the multiple shots were fired from two separate firearms did not transform this continuing offense into two separate offenses. We disagree with the dissent's assumption ... ...
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People v. Xuhui Li
... ... As an alternative holding, we find it to be without merit. The general rule that a count is duplicitous if it charges more than one crime does not apply, where, as here, the charges are for continuing crimes (see People v. Hernandez, 235 A.D.2d 367, 368, 653 N.Y.S.2d 322 [1st Dept. 1997], lv denied 89 N.Y.2d 1012, 658 N.Y.S.2d 250, 680 N.E.2d 624 [1997] ). Contrary to defendant's claim, the indictment properly charged the reckless endangerment counts as continuing crimes. These charges against defendant were not based on a ... ...
- People v. Gomez