Legal Opinion
People v. Nuernberger
New York Court of Appeals
Decided July 2, 1969PublishedCited by 9 opinions
1Per curiam
Upon an indictment charging incest, assault in the second degree and impairing the morals of a minor, defend*182ant was tried in Erie County Court. He was acquitted of incest and convicted both of assault and of impairing morals. The crimes were committed on defendant’s 11-year-old daughter. The assault as a felony depended on an intent to commit a crime—incest (former Penal Law, § 242, subd. 5).
It is not disputed that the assault charge was not presented at any time to the Family Court in Erie County but was prosecuted initially in the County Court. The question involved is whether the intent to…
2Cited by9 opinions
- United States Ex Rel. James A. Walker v. Robert J. Henderson, Superintendent of Auburn Correctional Facility,respondent-AppelleeCourt of Appeals for the Second Circuit · 1974
- Nuernberger v. State of NYNew York Court of Appeals · 1976
- People v. WebbAppellate Division of the Supreme Court of the State of New York · 1976
- Eileen W. v. Mario A.New York City Family Court · 1996
- Hamm-Jones v. JonesAppellate Division of the Supreme Court of the State of New York · 1999
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