People Ex Rel. Perry v. . Gillette
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 18, 1910, which reversed an order of the special county judge of Monroe county sustaining a writ of habeas corpus and directing the discharge of the relator from custody. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 18, 1910, which reversed an order of the special county judge of Monroe county sustaining a writ of habeas corpus and directing the discharge of the relator from custody. The facts, so far as material, are stated in the opinion. The unconsummated attempt to commit extortion by means of a verbal threat is a misdemeanor as defined by and punishable under section 857 of the Penal Law. (President, etc., v. Kaldenberg, 165 N. Y. 1; Mayor v. M. Ry. Co., 143 N. Y. 1; Matter of N.Y. &…
1Opinion of the CourtHiscock, J.
This appeal involves the question whether an unsuccessful attempt to extort money by means of verbal threats is a misdemeanor or a felony, and it arises upon the following facts undisputed here:
The appellant and another attempted to extort money from one Stillson by means of verbal threats to accuse him of a crime and to inform others thereof. While the intended victim paid money in apparent response to these threats, he did this really acting in concert with the police authorities for the purpose of entrapping the accused and his companion, and, therefore, the crime of extortion was not…
2Cases cited1 opinion
- People v. . GardnerNew York Court of Appeals · 1894
3Cited by12 opinions
- People v. DupontAppellate Division of the Supreme Court of the State of New York · 1985
- People v. KacerNew York Supreme Court · 1982
- People v. Wenk, New York County Courts1911
- People ex rel. Moore v. Warden of the City PrisonAppellate Division of the Supreme Court of the State of New York · 1912
- People v. PisanoAppellate Division of the Supreme Court of the State of New York · 1911
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