Legal Opinion
People v. Fernandez
New York Supreme Court
Decided April 11, 1991PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Felice K. Shea, J.
Is an automobile an "incendiary device” within the statute defining arson in the first degree when its windows have been smashed to provide ventilation, its interior doused with gasoline, it is driven into the lobby of a New York City apartment building and ignited with a book of matches? The People *561argue in opposition to defendants’ motion to dismiss the indictment that defendants constructed "a [M]olotov cocktail with four wheels” and that the automobile as used by defendants was designed to be an "incendiary device” pursuant to Penal Law § 150.20.…
2Cases cited7 opinions
- People v. ByronNew York Court of Appeals · 1966
- People v. CruzNew York Court of Appeals · 1974
- Orange & Rockland Utilities, Inc. v. Amerada Hess Corp.Appellate Division of the Supreme Court of the State of New York · 1977
- People v. McCrawfordAppellate Division of the Supreme Court of the State of New York · 1975
- People v. BraunhutCriminal Court of the City of New York · 1979
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. BurketteAppellate Division of the Supreme Court of the State of New York · 2017
- People v. BurketteAppellate Division of the Supreme Court of the State of New York · 2017