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People v. Collins

292 N.E.2d 319, 31 N.Y.2d 878, 340 N.Y.S.2d 183, 1972 N.Y. LEXIS 927
CourtNew York Court of Appeals
DecidedDecember 28, 1972
StatusPublished
Cited by10 cases

This text of 292 N.E.2d 319 (People v. Collins) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Collins, 292 N.E.2d 319, 31 N.Y.2d 878, 340 N.Y.S.2d 183, 1972 N.Y. LEXIS 927 (N.Y. 1972).

Opinion

Order reversed and. the information dismissed. The defendant’s guilt was not established beyond a reasonable doubt. We thoroughly agree with District Attorney Hogan’s frank and commendable concession to that effect and with his conclusion that “ The judgment appealed from should be reversed”. In this view, we do not reach the constitutional issue posed by the defendant.

Concur: Chief Judge Fuld and Judges Burke, Bergan and Gibson. Judges Scileppi, Breitel and Jasen dissent and vote to affirm upon the grounds that defendant’s guilt was established beyond a reasonable doubt and section 240.25 (subd. 2) of the Penal Law is constitutional. We think the concession by the District Attorney was improvident, holding that in the context of this event the words used by the defendant were intended to provoke a person charged with the responsibility of maintaining prder and demonstrating his capacity to do so.

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Related

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120 Misc. 2d 725 (Mount Vernon City Court, 1982)
People v. Arpino
86 A.D.2d 876 (Appellate Division of the Supreme Court of New York, 1982)
People v. Perniciaro
86 A.D.2d 879 (Appellate Division of the Supreme Court of New York, 1982)
People v. Reed
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People v. Santos
341 N.E.2d 554 (New York Court of Appeals, 1975)
People v. Bacon
340 N.E.2d 465 (New York Court of Appeals, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
292 N.E.2d 319, 31 N.Y.2d 878, 340 N.Y.S.2d 183, 1972 N.Y. LEXIS 927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-collins-ny-1972.