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Legal Opinion

People v. Wheeler

New York Court of Appeals

Decided May 6, 1986PublishedCited by 38 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Attempted sexual abuse in the first degree (Penal Law §§ 110.00, 130.65) is not a lesser included offense of attempted rape in the first degree (Penal Law §§ 110.00, 130.35) because it is not impossible to commit the latter crime without concomitantly, by the same conduct, committing the former crime (see, CPL 1.20 [37]; People v Glover, 57 NY2d 61, 63). Under the subdivision charged in the indictment herein (see, People v Green, 56 NY2d 427, 431), rape in the first degree occurs when the actor "engages in…

2Cases cited5 opinions

  1. People v. GloverNew York Court of Appeals · 1982
  2. People v. GreenNew York Court of Appeals · 1982
  3. People v. TeicherNew York Court of Appeals · 1981
  4. People v. MoyerNew York Court of Appeals · 1970
  5. People v. ToddNew York Court of Appeals · 1983

3Cited by38 opinions

  1. People v. MillerNew York Court of Appeals · 2006
  2. People v. BeauharnoisAppellate Division of the Supreme Court of the State of New York · 2009
  3. People v. LancasterAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. FordNew York Court of Appeals · 1990
  5. People v. PorterAppellate Division of the Supreme Court of the State of New York · 2011

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