Legal Opinion
People v. Prescott
New York Court of Appeals
Decided February 13, 2001PublishedCited by 42 opinions
1Opinion of the Court
OPINION OF THE COURT
Wesley, J.
This case presents the question whether attempted driving while intoxicated and attempted aggravated unlicensed operation of a motor vehicle are legally cognizable offenses. For the reasons to follow, we conclude that they are not.
On the evening of November 13, 1998, Jeffrey Orlando and his wife were alerted by sounds outside their home. When Orlando looked out the window, he saw defendant getting into Orlando’s truck. Orlando stepped outside and found defendant in the front seat of the truck, with the keys in the ignition, attempting to start the vehicle.…
2Cases cited13 opinions
- People v. MahboubianNew York Court of Appeals · 1989
- Sheehy v. Big Flats Community Day, Inc.New York Court of Appeals · 1989
- People v. CampbellNew York Court of Appeals · 1988
- People v. AlamoNew York Court of Appeals · 1974
- People v. MillerNew York Court of Appeals · 1995
8 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Thomas Anthony Dalton v. John Ashcroft, Attorney General of the United States Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2001
- Strong v. State, Texas Court of Appeals, 5th District (Dallas)2002
- People v. BeyerAppellate Division of the Supreme Court of the State of New York · 2005
- Costello v. MilanoDistrict Court, S.D. New York · 2014
- People v. WestcottAppellate Division of the Supreme Court of the State of New York · 2011
37 more not listed; retrieve them via the Exa API.