People v. Soman

Appellate Terms of the Supreme Court of New York

People v. Soman

53 Misc. 2d 452, 278 N.Y.S.2d 657, 1966 N.Y. Misc. LEXIS 1232

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 14, 1966

StatusPublished

Cited by3 cases

This text of 53 Misc. 2d 452 (People v. Soman) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Soman, 53 Misc. 2d 452, 278 N.Y.S.2d 657, 1966 N.Y. Misc. LEXIS 1232 (N.Y. Ct. App. 1966).

Pincite

Opinion

Per Curiam.

Defendant’s guilt was not established beyond a reasonable doubt. In any event it was improper to convict defendant of attempted malicious mischief, a crime with which [453]*453she was not charged. Although a defendant indicted for a felony may be convicted of an attempt to commit such crime, without being specifically charged therewith (Penal Law, § 610), no similar authority is found in the New York City Criminal Court Act with regard to misdemeanors. We disapprove of the loose practice of reducing criminal charges against a defendant and then proceeding to trial ivithout the formality of filing a new complaint or information, and without a new arraignment.

The judgment of conviction should be unanimously reversed on the law and facts, and complaint dismissed.

Concur — Margett, Schwartzwald and Cone, JJ.

Judgment reversed, etc.

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Per Curiam.

Defendant’s guilt was not established beyond a reasonable doubt. In any event it was improper to convict defendant of attempted malicious mischief, a crime with which [453]*453she was not charged. Although a defendant indicted for a felony may be convicted of an attempt to commit such crime, without being specifically charged therewith (Penal Law, § 610), no similar authority is found in the New York City Criminal Court Act with regard to misdemeanors. We disapprove of the loose practice of reducing criminal charges against a defendant and then proceeding to trial ivithout the formality of filing a new complaint or information, and without a new arraignment.

The judgment of conviction should be unanimously reversed on the law and facts, and complaint dismissed.

Concur — Margett, Schwartzwald and Cone, JJ.

Judgment reversed, etc.

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Bluebook (online)

53 Misc. 2d 452, 278 N.Y.S.2d 657, 1966 N.Y. Misc. LEXIS 1232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-soman-nyappterm-1966.

Opinion

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