Legal Opinion
People v. Fullan
New York Court of Appeals
Decided February 18, 1999PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
The dispositive issue is whether attempted kidnapping in the first degree is a cognizable crime in the circumstances of this case under the governing statutes and precedents (Penal Law § 135.25 [3]; § 110.00; People v Miller, 87 NY2d 211 [1995]; cf., People v Campbell, 72 NY2d 602 [1988]). The Appellate Division held, as a matter of law, that the crime was not cognizable, citing only Campbell. A Judge of this Court granted leave to appeal to the People, and to the defendant on a discrete issue that ultimately is subsúmed in the decision on the People’s appeal.
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2Cases cited5 opinions
- People v. CampbellNew York Court of Appeals · 1988
- People v. MillerNew York Court of Appeals · 1995
- People v. ColemanNew York Court of Appeals · 1989
- People v. EsquilinAppellate Division of the Supreme Court of the State of New York · 1990
- People v. FullanAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by6 opinions
- People v. PrescottNew York Court of Appeals · 2001
- People v. FingallAppellate Division of the Supreme Court of the State of New York · 2016
- People v. PrescottAppellate Division of the Supreme Court of the State of New York · 2000
- People v. FullanAppellate Division of the Supreme Court of the State of New York · 1999
- In re Kaminski G.New York City Family Court · 2010
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