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People v. Fuller

Appellate Division of the Supreme Court of New York, Third Department
Apr 6, 1953
281 App. Div. 1004 (N.Y. App. Div. 1953)

Opinion

April 6, 1953.

Appeal from Albany County Court.


The indictment to which the defendant pleaded guilty charged him with attempting to kill his father "from a deliberate and premeditated design to effect the death of his father", by putting a quantity of potassium cyanide into a cup of coffee which he had poured for his father's breakfast. The defendant was sentenced to the Elmira Reformatory, pursuant to subdivision 1 of section 261 of the Penal Law specifying the punishment for an attempt to commit a crime which is punishable by death or imprisonment for life. The appellant contends that he was punishable solely under subdivision 1 of section 240 of the Penal Law defining the crime of assault in the first degree. The appellant's contention is wholly without merit ( People v. Pisano, 142 App. Div. 524; United States v. Moore, 46 F.2d 308, affd. 46 F.2d 310). Order appealed from affirmed. Foster, P.J., Bergan, Halpern and Imrie, JJ., concur; Coon, J., taking no part.


Summaries of

People v. Fuller

Appellate Division of the Supreme Court of New York, Third Department
Apr 6, 1953
281 App. Div. 1004 (N.Y. App. Div. 1953)
Case details for

People v. Fuller

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MERLE V. FULLER…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Apr 6, 1953

Citations

281 App. Div. 1004 (N.Y. App. Div. 1953)

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