People v. McDavis
Decision Date | 29 February 1984 |
Citation | 474 N.Y.S.2d 1033,61 N.Y.2d 910 |
Parties | , 462 N.E.2d 1211 People v. McDavis (Darryl) |
Court | New York Court of Appeals Court of Appeals |
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People v. Pearson
... ... 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 ... ...
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In re Cisely G.
... ... 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 ... ...