[DOWNLOAD] "People State New York v. Martin Leary" by Supreme Court of New York * Book PDF Kindle ePub Free

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eBook details

• Title: People State New York v. Martin Leary
• Author : Supreme Court of New York
• Release Date : January 13, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

[64 A.D.2d 825 Page 825] Judgment unanimously affirmed. Memorandum: Defendant appeals from a conviction for manslaughter in the first degree and attempted rape in the first degree. He contends among other things that the evidence was insufficient to support the verdict of the crime of attempted rape, and that the court committed reversible error in failing to charge the jury the effect of intoxication on the intent required for murder in the second degree and manslaughter in the first or second degree. In his confession, properly received in evidence, appellant admitted that he entered his victim's bedroom and lay down in her bed beside her to make out with her; that she protested and he left to get a weapon; that he returned and lay down on the bed beside her and tried again to make out with her; and that because she protested again, he stabbed her. To be guilty of an attempt to commit a crime the accused must perform an overt act which [carries] the project forward within dangerous proximity of the criminal end to be attained. (People v Ditchik, 288 NY 95, 96; People v [64 A.D.2d 825 Page 826]

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