Legal Opinion

People v. Hernandez

New York Court of Appeals

Decided May 6, 1999PublishedCited by 40 opinions

1Opinion of the Court

OPINION OF THE COURT

Bellacosa, J.

This appeal stems from defendant’s conviction for attempted rape and sexual abuse, each in the first degree. Defendant raises three issues: (1) the trial court’s denial of his lawyer’s challenge for cause of a potential juror, a New York State legislator; (2) a jury instruction defining attempt as a “substantial step” toward the completion of the crime (rather than specifying that the act come “dangerously close” to completion of the crime); and (3) the appealability, as part of the judgment of conviction, of his certification as a “sex offender.” The last…

2Cases cited11 opinions

  1. People v. MahboubianNew York Court of Appeals · 1989
  2. People v. AcostaNew York Court of Appeals · 1993
  3. People v. StevensNew York Court of Appeals · 1998
  4. Doe v. PatakiCourt of Appeals for the Second Circuit · 1997
  5. People v. ConsalvoNew York Court of Appeals · 1996

6 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. People v. NievesNew York Court of Appeals · 2004
  2. People v. WrotenAppellate Division of the Supreme Court of the State of New York · 2001
  3. State v. WormNebraska Supreme Court · 2004
  4. People v. ClarkAppellate Division of the Supreme Court of the State of New York · 2000
  5. People v. SmithNew York Court of Appeals · 2010

35 more not listed; retrieve them via the Exa API.

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