Legal Opinion
People ex rel. Culhane v. Sullivan
Appellate Division of the Supreme Court of the State of New York
Decided July 18, 1988PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Weinstein, J.
The novel contention presented on the instant appeal is that the petitioner’s indictment and conviction of felony murder were invalid as contrary to the underlying intent of the felony murder statute (Penal Law § 125.25 [3]) inasmuch as the predicate conduct, attempted escape in the second degree, constitutes a misdemeanor as opposed to a felony. It is beyond cavil that an attempt to commit a class E felony is punishable as a class A misdemeanor (Penal Law § 110.05 [7]). Since the crime of escape in the second degree is categorized as a class E felony (Penal…
2Cases cited18 opinions
- People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
- People v. CulhaneNew York Court of Appeals · 1973
- Finger Lakes Racing Ass'n v. New York State Racing & Wagering BoardNew York Court of Appeals · 1978
- People v. GrahamNew York Court of Appeals · 1982
- People v. CulhaneNew York Court of Appeals · 1978
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3Cited by4 opinions
- People v. ColesNew York Supreme Court · 1988
- People v. CuadradoAppellate Division of the Supreme Court of the State of New York · 2007
- Tullis v. KellyAppellate Division of the Supreme Court of the State of New York · 1989
- People v. AdinolfiAppellate Division of the Supreme Court of the State of New York · 1998