11 Cited authorities

  1. People v. Acosta

    80 N.Y.2d 665 (N.Y. 1993)   Cited 197 times
    Explaining that New York’s attempt statute is "more stringent" than the " ‘substantial step’ test ... adopted by [the Second Circuit]"
  2. People v. Campbell

    72 N.Y.2d 602 (N.Y. 1988)   Cited 118 times
    In Campbell (supra), we considered the viability of prosecution for attempt to commit second degree assault under Penal Law § 120.05 (3).
  3. People v. Herbert Aponte

    16 N.Y.3d 106 (N.Y. 2011)   Cited 10 times

    Argued January 6, 2011. Decided February 10, 2011. APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Term of the Supreme Court in the Second Judicial Department, entered June 29, 2009. The Appellate Term affirmed so much of a judgment of the Criminal Court of the City of New York, Queens County (Deborah Stevens Modica, J.), as had convicted defendant, after a nonjury trial, of attempted stalking in the third degree and harassment in the first degree

  4. People v. Cooley

    50 A.D.3d 1548 (N.Y. App. Div. 2008)   Cited 7 times

    No. KA 05-00859. April 25, 2008. Appeal from a judgment of the Supreme Court, Monroe County (John J. Brunetti, A.J.), rendered February 16, 2005. The judgment convicted defendant, upon a jury verdict, of attempted murder in the second degree and assault in the first degree (two counts). TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER, FOR DEFENDANT-APPELLANT. MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (LESLIE E. SWIFT OF COUNSEL), FOR RESPONDENT. Present: Martoche, J.P., Centra, Lunn, Peradotto

  5. People v. McCray

    33 A.D.3d 817 (N.Y. App. Div. 2006)   Cited 4 times

    No. 2003-01796. October 17, 2006. Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered February 4, 2003, convicting him of murder in the second degree, criminal possession of a weapon in the third degree, burglary in the second degree, robbery in the third degree, and criminal mischief in the fourth degree, after a nonjury trial, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's

  6. People v. Moradel

    278 A.D.2d 250 (N.Y. App. Div. 2000)   Cited 7 times

    Submitted November 9, 2000. December 6, 2000. Appeal by the defendant from a judgment of the County Court, Putnam County (Braatz, J.), rendered December 8, 1998, convicting him of attempted murder in the second degree, burglary in the first degree (three counts), criminal possession of a weapon in the third degree, criminal contempt in the first degree, aggravated harassment in the second degree, and endangering the welfare of a child (four counts), after a nonjury trial, and imposing a sentence

  7. People v. Henning

    267 A.D.2d 1092 (N.Y. App. Div. 1999)   Cited 7 times

    December 30, 1999 Appeal from Judgment of Monroe County Court, Smith, J. — Murder, 2nd Degree. Judgment unanimously affirmed. PRESENT: PINE, J. P., HAYES, WISNER, PIGOTT, JR., AND SCUDDER, JJ. Memorandum: Defendant appeals from a judgment convicting him following a bench trial of two counts of murder in the second degree (Penal Law § 125.25,[3]). Defendant contends that the evidence that he intended to kill the victim is legally insufficient. We disagree. When reviewing the legal sufficiency of trial

  8. People v. Hall

    242 A.D.2d 734 (N.Y. App. Div. 1997)   Cited 6 times

    September 29, 1997 Appeal from County Court, Nassau County (Cotter, J.), Ordered that the judgment is affirmed. The defendant's contention that the evidence adduced at trial was legally insufficient to establish his guilt of the crime of attempted murder in the second degree beyond a reasonable doubt is unpreserved for appellate review ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in the light most favorable to the People ( see, People v Contes, 60 N.Y

  9. In Matter of Dicker

    309 A.D.2d 1 (N.Y. App. Div. 2003)

    M-2655 September 16, 2003. Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department. Respondent was admitted to the Bar at a Term of the Appellate Division, First Department, on March 4, 1985. Naomi F. Goldstein, of counsel. Thomas J. Cahill, (Chief Counsel) for petitioner. No appearance for respondent. Before: Nardelli, J.P., Andrias, Saxe, Williams, Friedman, JJ. PER CURIAM Respondent Stephen W. Dicker was admitted to the practice of law in

  10. People v. Moore

    184 A.D.2d 1042 (N.Y. App. Div. 1992)   Cited 4 times

    June 5, 1992 Appeal from the Supreme Court, Erie County, Forma, J. Present — Denman, P.J., Boomer, Pine, Balio and Boehm, JJ. Judgment unanimously affirmed. Memorandum: We conclude that the jury's guilty verdict on the attempted murder count was not contrary to the weight of evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). Although a contrary determination would not have been unreasonable, a finding of intent to kill was inferable from the circumstances, including the multiple stab wounds