Home/New York Court of Appeals/People v. Pereau

People v. Pereau

479 N.E.2d 217, 64 N.Y.2d 1055, 489 N.Y.S.2d 872, 1985 N.Y. LEXIS 14219
CourtNew York Court of Appeals
DecidedApril 23, 1985
StatusPublished
Cited by31 cases

This text of 479 N.E.2d 217 (People v. Pereau) 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. Pereau, 479 N.E.2d 217, 64 N.Y.2d 1055, 489 N.Y.S.2d 872, 1985 N.Y. LEXIS 14219 (N.Y. 1985).

Opinion

*1057 OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed for so much of the reasons stated in the memorandum of that court as holds that the jury could infer defendant’s intent to rape from his conduct and the surrounding circumstances (People v Bracey, 41 NY2d 296, 301) and could find that he acted to “carry the project forward within dangerous proximity to the criminal end to be attained” (People v Werblow, 241 NY 55,61). We also agree that it was not error under these circumstances for the trial court to refuse to charge the misdemeanor of coercion in the second degree as a lesser included offense of the felony of coercion in the first degree (People v Glover, 57 NY2d 61; People v Discala, 45 NY 38, 42-43).

The defendant’s other contentions are either unpreserved or without merit.

Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander concur.

Order affirmed in a memorandum.

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Bluebook (online)
479 N.E.2d 217, 64 N.Y.2d 1055, 489 N.Y.S.2d 872, 1985 N.Y. LEXIS 14219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pereau-ny-1985.