People v. Nesbitt

69 A.D.3d 1109, 894 N.Y.2d 545
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 21, 2010
StatusPublished
Cited by13 cases

This text of 69 A.D.3d 1109 (People v. Nesbitt) 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. Nesbitt, 69 A.D.3d 1109, 894 N.Y.2d 545 (N.Y. Ct. App. 2010).

Opinion

McCarthy, J.

On November 8, 2005, defendant threatened to set fire to an apartment house in the City of Schenectady, Schenectady County where his two young children (born in 2001 and 2003) were living with their mother, defendant’s former fiancée. The mother and the children, together with a neighbor and her young child (born in 2002), had just returned to the apartment house from shopping at approximately 8:15 that evening. An area of the building’s wooden porch was soaked with gasoline. Immediately upon entering the neighbor’s apartment, the mother received a telephone call from defendant in which he threatened to burn her up. The call caused the mother to believe that defendant, who did not live in the immediate vicinity, had [1110]*1110observed their return to the apartment and was still in the area. The mother called the police, who responded together with fire department personnel and equipment. The potential fire hazard was resolved. The mother filed a complaint against defendant with the police and obtained a protective order requiring defendant to stay away from her and their children. Warrants were issued for defendant’s arrest.

On December 13, 2005, defendant’s children were with defendant, with the mother’s permission, while she was at work. The mother testified that the maternal grandmother, who usually watched the children when the mother was at work, was sick that day and no one else was available to watch them. Because the mother was still on probationary status at her new job, she could not afford to miss work, so she asked defendant to watch them.

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Cite This Page — Counsel Stack

Bluebook (online)
69 A.D.3d 1109, 894 N.Y.2d 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nesbitt-nyappdiv-2010.