People v. McDavis

Decision Date29 February 1984
Citation474 N.Y.S.2d 1033,61 N.Y.2d 910
Parties, 462 N.E.2d 1211 People v. McDavis (Darryl)
CourtNew York Court of Appeals Court of Appeals

Meyer, J.

App.Div. 4, Erie 12/16/83

Denied.

To continue reading

Request your trial
2 cases
  • People v. Pearson
    • United States
    • New York Supreme Court — Appellate Division
    • March 19, 2021
    ... ... 1989], lv denied 75 N.Y.2d 818, 552 N.Y.S.2d 568, 551 N.E.2d 1246 [1990] ). In any event, defendant's contentions are without merit. "One may harbor, at the same time, both an intent to cause serious physical injury and an intent to cause death" ( People v. McDavis , 97 A.D.2d 302, 305, 469 N.Y.S.2d 508 [4th Dept. 1983], lv 143 N.Y.S.3d 489 denied 61 N.Y.2d 910, 474 N.Y.S.2d 1033, 462 N.E.2d 1211 [1984] ). Defendant's contention in his main brief that he was denied due process of law when a witness made an in-court identification of him despite the fact that ... ...
  • In re Cisely G.
    • United States
    • New York Supreme Court — Appellate Division
    • February 17, 2011
    ... ... 2003] ), as "there can be no attempt to commit a crime which makes the causing of a certain result criminal even though wholly unintended" ( People v. Campbell, 72 N.Y.2d 602, 605, 535 N.Y.S.2d 580, 532 N.E.2d 86 [1988] ). Since second-degree gang assault involves the intended result of physical ... McDavis, 97 A.D.2d 302, 304, 469 N.Y.S.2d 508 [1983], lv. denied 61 N.Y.2d 910, 474 N.Y.S.2d 1033, 462 N.E.2d 1211 [1984] ). The only exceptions to this rule ... ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT