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People v. Vasquez

85 Misc. 2d 851, 381 N.Y.S.2d 388, 1976 N.Y. Misc. LEXIS 2072
CourtAppellate Terms of the Supreme Court of New York
DecidedJanuary 28, 1976
StatusPublished
Cited by2 cases

This text of 85 Misc. 2d 851 (People v. Vasquez) 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. Vasquez, 85 Misc. 2d 851, 381 N.Y.S.2d 388, 1976 N.Y. Misc. LEXIS 2072 (N.Y. Ct. App. 1976).

Opinions

Per Curiam.

Indisputably defendant possessed bolt cutters and he and a coconspirator were observed in the process of cutting a bicycle chain with the bolt cutters, without permission of the owner of the bicycle, when dissuaded from completing the act. In this frame of reference, the bolt cutters clearly constituted burglar’s tools and we agree with the well-reasoned opinion of the Trial Judge (Julian A. Hertz, J.; 80 Misc 2d 21) that renunciation (Penal Law, § 40.10) was not a defense to the charge of possession of burglar’s tools (Penal Law, § 140.35) of which defendant was convicted (People v Lieberman, 3 NY2d 649; People v Nichols, 230 NY 221). [DIS-OP]

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Related

People v. Farrell
90 A.D.2d 396 (Appellate Division of the Supreme Court of New York, 1982)
State v. Mintner
643 S.W.2d 289 (Missouri Court of Appeals, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
85 Misc. 2d 851, 381 N.Y.S.2d 388, 1976 N.Y. Misc. LEXIS 2072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vasquez-nyappterm-1976.