People v. Yarrell

Decision Date08 February 1990
Citation552 N.Y.S.2d 557,75 N.Y.2d 828,551 N.E.2d 1235
Parties, 551 N.E.2d 1235 The PEOPLE of the State of New York, Respondent, v. James YARRELL, Appellant.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT

Order reversed and the indictment dismissed for the reasons stated in the dissenting memorandum by Justice Richard A. Brown at the Appellate Division (146 A.D.2d 819, 821-822, 537 N.Y.S.2d 294).

WACHTLER, C.J., and SIMONS, KAYE, TITONE, HANCOCK and BELLACOSA, JJ., concur.

ALEXANDER, J., took no part.

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19 cases
  • Sims v. Stinson
    • United States
    • U.S. District Court — Southern District of New York
    • 30 Mayo 2000
    ...on the theory that it showed awareness that his co-defendant had a gun and was about to initiate a shootout), rev'd, 75 N.Y.2d 828, 552 N.Y.S.2d 557, 551 N.E.2d 1235 (1990) (adopting Justice Brown's dissenting opinion). Consequently, it provides at most weak proof that petitioner intended t......
  • People v. Nichols, 1277
    • United States
    • New York Supreme Court — Appellate Division
    • 15 Junio 2018
    ...legally sufficient evidence" ( 22 N.Y.3d at 146–147, 978 N.Y.S.2d 723, 1 N.E.3d 797, citing, inter alia, People v. Yarrell, 75 N.Y.2d 828, 829, 552 N.Y.S.2d 557, 551 N.E.2d 1235 [1990], revg on dissent below 146 A.D.2d 819, 821–822, 537 N.Y.S.2d 294 [2d Dept. 1989] [Brown, J., dissenting] )......
  • People v. Hill
    • United States
    • New York Supreme Court — Appellate Division
    • 16 Diciembre 1993
    ...is all that has been proved in this case, is not a sufficient predicate for accomplice liability (see, e.g., People v. Yarrell, 75 N.Y.2d 828, 552 N.Y.S.2d 557, 551 N.E.2d 1235; People v. Tucker, 72 N.Y.2d 849, 532 N.Y.S.2d 91, 527 N.E.2d 1227; People v. Karchefski, 102 A.D.2d 856, 476 N.Y.......
  • People v. Mitchell
    • United States
    • New York Supreme Court — Appellate Division
    • 1 Marzo 2017
    ...N.Y.S.2d 37, 729 N.E.2d 694 n; cf. People v. Lindsey, 52 A.D.3d 527, 529–530, 859 N.Y.S.2d 486 ; cf. generally People v. Yarrell, 75 N.Y.2d 828, 552 N.Y.S.2d 557, 551 N.E.2d 1235,). The defendant's remaining contention is without ...
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