Legal Opinion

People v. Mutterperl

Appellate Division of the Supreme Court of the State of New York

Decided July 11, 2012Published

1Opinion of the Court

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of attempted kidnapping in the second degree beyond a reasonable doubt (see People v Antonio, 58 AD3d 515, 516 [2009]; People v Cruz, 296 AD2d 22, 25 [2002]; People v Carter, 263 AD2d 958, 958-959 [1999]; People v Cassano, 254 AD2d 92, 92-93 [1998]). The defendant’s intent may be inferred from his conduct and the surrounding circumstances (see People v Bracey, 41 NY2d 296, 301 [1977]; see e.g. People v King, 85…

2Cases cited28 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. People v. BleakleyNew York Court of Appeals · 1987
  3. People v. ContesNew York Court of Appeals · 1983
  4. People v. DanielsonNew York Court of Appeals · 2007
  5. People v. RomeroNew York Court of Appeals · 2006

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