People v. Pisano
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Raffaele Pisano, from a judgment of the County Court of Kings county, rendered on the 25th day of January, 1910, convicting the said defendant of the crime of attempt to commit murder in the first degree, and also from an order denying his motion for a new trial.
1Opinion of the Court
Burr, J.:
On November 2, 1909, Guiseppe Caeáee was shot and grievously wounded by Pasquale Albano. Defendant was indicted for the crime of attempt to commit murder in the first degree upon the theory that, although he did not fire the. shot, he aided or abetted Albano, or counseled, commanded, induced or procured him to commit the criminal act. (Penal Law, § 2.)
Appellant contends that an indictment will not lie for an attempt to commit murder in the first degree when the acts charged constitute another consummated crime. There does not seem to be any exception which clearly presents this…
2Cases cited10 opinions
- The People v. . ConroyNew York Court of Appeals · 1884
- People v. . MillsNew York Court of Appeals · 1904
- People v. . ThornNew York Court of Appeals · 1898
- People v. . CasconeNew York Court of Appeals · 1906
- Crosby v. PeopleIllinois Supreme Court · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. Rose, New York County Courts1975
- People v. KrausNew York Court of General Session of the Peace · 1933
- People v. CraigNew York Supreme Court · 1992
- United States ex rel. Di Stefano v. MooreDistrict Court, E.D. New York · 1930
- People v. FullerAppellate Division of the Supreme Court of the State of New York · 1953
1 more not listed; retrieve them via the Exa API.