People v. Schwimmer
| Decision Date | 10 July 1979 |
| Citation | 394 N.E.2d 288,47 N.Y.2d 1004,420 N.Y.S.2d 218 |
| Parties | , 394 N.E.2d 288 The PEOPLE of the State of New York, Respondent, v. Leon SCHWIMMER, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed for the reasons stated in the opinion of Mr. Justice Rabin (66 A.D.2d 91, 411 N.Y.S.2d 922) to which we add only that there cannot be any question concerning the intention of the Legislature by section 105.30 of the Penal Law to adopt the unilateral rather than the bilateral approach to conspiracy in light of the analogous statutory provisions contained in article 100 (criminal solicitation), article 110 (attempt), and article 115 (criminal facilitation) as well as article 105 (conspiracy) of the Penal Law.
Order affirmed in a memorandum.
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38 cases
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State v. Grullon
... ... Penal Law § 105, which the courts of New York have interpreted as encompassing a unilateral conspiracy theory. People v. Schwimmer, 66 App.Div.2d 91, 411 N.Y.S.2d 922 (1978), aff'd, 47 N.Y.2d 1004, 420 N.Y.S.2d 218, 394 N.E.2d 288 (1979). Although much of the ... ...
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United States v. Wilson
... ... standard for attempt, which requires an act that carries the "project forward within dangerous proximity to the criminal end to be attained." People v. Bracey, 41 N.Y.2d 296, 300, 392 N.Y.S.2d 412, 415, 360 N.E.2d 1094, 1097 (1977) ( quoting People v. Werblow, 241 N.Y. 55, 61, 148 N.E. 786 ... Schwimmer, 66 A.D.2d 91, 411 N.Y.S.2d 922 (2d Dep't 1978), aff'd, 47 N.Y.2d 1004, 420 N.Y.S.2d 218, 394 N.E.2d 288 (1979) (conspiracy), and the law of this ... ...
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Haji v. Miller
... ... insufficient evidence, the prosecution's defense of its case drew no distinction between the conspiracies, but instead argued that, "It's the people's theory that both defendants maintain an ongoing narcotics trafficking organization or conspiracy that include[s] the dates, including through ... New York Penal Law § 105.30. See People v. Schwimmer, 47 N.Y.2d 1004, 420 N.Y.S.2d 218, 394 N.E.2d 288 (1979) (affirming conviction for conspiracy where the only two persons with whom defendant entered ... ...
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People v. Chin
... ... Berkowitz, 50 N.Y.2d 333, 342-343, 428 N.Y.S.2d 927, 406 N.E.2d 783; People v. Schwimmer, 47 N.Y.2d 1004, 420 N.Y.S.2d 218, 394 N.E.2d 288, affg. 66 A.D.2d 91, 411 N.Y.S.2d 922). Failure to give the instruction is not asserted as error on this appeal; rather, he presently asserts, that he should not be found guilty merely for agreeing with others or planning the attempted murder ... ...
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