§Why CasetextPricing

The People, Appellant,v.Marlo S. Helms, Respondent.

Brief

24 Cited authorities

  1. People v. Jurgins

    2015 N.Y. Slip Op. 9311 (N.Y. 2015)   Cited 88 times   1 Legal Analyses
    Noting that "the parties agree that a taking ‘by sudden or stealthy seizure or snatching’ would not be considered a robbery or other felony in New York"

  2. People v. Gonzalez

    61 N.Y.2d 586 (N.Y. 1984)   Cited 183 times
    Relying on Florida common law to determine whether "Florida's rule governing lesser included offenses is the same as our 'theoretical impossibility' test"

  3. North v. Board of Examiners

    2007 N.Y. Slip Op. 5781 (N.Y. 2007)   Cited 92 times
    In Matter of North v Board of Examiners of Sex Offenders of State of N.Y. (8 N.Y.3d 745, 753 [2007]), the Court of Appeals articulated that, in order to be a registerable offense in New York, "the 'essential elements' provision in SORA requires registration whenever an individual is convicted of criminal conduct in a foreign jurisdiction that, if committed in New York, would have amounted to a registerable New York offense."

  4. People v. Muniz

    74 N.Y.2d 464 (N.Y. 1989)   Cited 146 times   1 Legal Analyses
    Holding that the inquiry of whether an out-of-state conviction constitutes a predicate offense in New York is ordinarily limited to a comparison of penal statutes

  5. People v. Yancy

    86 N.Y.2d 239 (N.Y. 1995)   Cited 76 times
    Finding that it was not clear on the face of the indictment whether defendant's prior New Jersey conviction amounted to a New York felony because the indictment did not indicate which subsection of the crime defendant violated

  6. People v. Ramos

    2012 N.Y. Slip Op. 4669 (N.Y. 2012)   Cited 41 times

    2012-06-12 The PEOPLE of the State of New York, Respondent, v. Gilberto RAMOS, Appellant. Legal Aid Society, New York City (Laura Boyd and Steven Banks of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Sean T. Masson and Sylvia Wertheimer of counsel), for respondent. SMITH Legal Aid Society, New York City (Laura Boyd and Steven Banks of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Sean T. Masson and Sylvia Wertheimer of counsel)

  7. People v. Yusuf

    2012 N.Y. Slip Op. 4200 (N.Y. 2012)   Cited 35 times
    In Yusuf, the court addressed whether an out-of-state felony could qualify as a violent felony for purposes of enhanced sentencing under Penal Law § 70.70(4).

  8. People v. Olah

    300 N.Y. 96 (N.Y. 1949)   Cited 229 times
    In Olah, the eminent expert on criminal practice, Judge Stanley H. Fuld, put the matter succinctly: "[T]he crime, i.e., the operative facts which constitute the criminal offense as defined by the statute, cannot be extended or enlarged by allegations in the indictment or by evidence at trial."

  9. Price v. State

    289 Ga. 459 (Ga. 2011)   Cited 25 times
    Holding that trial court erred in failing to instruct the jury on mistake of fact in burglary case given evidence that defendant entered the home through an unlocked door because he thought the home was for sale and additional evidence that the defendant saw "for sale" and "open house" signs that led him to believe that he was authorized to enter the house

  10. People v. Helms

    141 A.D.3d 1138 (N.Y. App. Div. 2016)   Cited 6 times

    07-08-2016 The PEOPLE of the State of New York, Respondent, v. Marlo S. HELMS, Defendant–Appellant. Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for Respondent. Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for Respondent. PRESENT: SMITH

  11. Section 16-7-1 - Burglary

    Ga. Code § 16-7-1   Cited 759 times   2 Legal Analyses
    Involving "any building, vehicle, railroad car, watercraft, or other such structure designed for use as the dwelling of another"

  12. Section 16-1-6 - Conviction for lesser included offenses

    Ga. Code § 16-1-6   Cited 510 times   1 Legal Analyses
    Explaining that one crime is included in another when "[i]t is established by proof of the same or less than all the facts"

  13. Section 500.13 - Content and form of briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.13

    (a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review