People v. Fearon

Appellate Division of the Supreme Court of New York

People v. Fearon

18 A.D.2d 721, 236 N.Y.S.2d 100, 1962 N.Y. App. Div. LEXIS 6230

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 26, 1962

StatusPublished

This text of 18 A.D.2d 721 (People v. Fearon) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Fearon, 18 A.D.2d 721, 236 N.Y.S.2d 100, 1962 N.Y. App. Div. LEXIS 6230 (N.Y. Ct. App. 1962).

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Opinion

Appeal by defendant from a judgment of the former [722]*722County Court, Kings County, rendered June 21, 1960, after a jury trial, convicting him of attempted robbery and assault, both in the first degree, and imposing sentence upon him as a second felony offender. Judgment modified on the law by striking out the provision convicting defendant of assault in the first degree and the provision imposing sentence for such crime, and by substituting therefor a provision dismissing the sixth count of the indictment. As so modified, judgment affirmed. The facts are affirmed. The learned trial court erroneously charged the jury that they might find defendant guilty of assault in the first degree with intent to commit a felony. The sixth count of the indictment charged defendant with the crime of assault by aiming and discharging a loaded pistol at the complainant with intent to kill, and did not include any reference to an intent to commit a felony. By the court’s charge, the jury was therefore permitted to convict defendant of a crime for which he had not been indicted. Ughetta, Acting P. J., Kleinfeld, Hill, Rabin and Hopkins, JJ., concur.

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Appeal by defendant from a judgment of the former [722]*722County Court, Kings County, rendered June 21, 1960, after a jury trial, convicting him of attempted robbery and assault, both in the first degree, and imposing sentence upon him as a second felony offender. Judgment modified on the law by striking out the provision convicting defendant of assault in the first degree and the provision imposing sentence for such crime, and by substituting therefor a provision dismissing the sixth count of the indictment. As so modified, judgment affirmed. The facts are affirmed. The learned trial court erroneously charged the jury that they might find defendant guilty of assault in the first degree with intent to commit a felony. The sixth count of the indictment charged defendant with the crime of assault by aiming and discharging a loaded pistol at the complainant with intent to kill, and did not include any reference to an intent to commit a felony. By the court’s charge, the jury was therefore permitted to convict defendant of a crime for which he had not been indicted. Ughetta, Acting P. J., Kleinfeld, Hill, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

18 A.D.2d 721, 236 N.Y.S.2d 100, 1962 N.Y. App. Div. LEXIS 6230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fearon-nyappdiv-1962.