People v. Vasquez

Appellate Terms of the Supreme Court of New York

People v. Vasquez

85 Misc. 2d 851, 381 N.Y.S.2d 388, 1976 N.Y. Misc. LEXIS 2072

Appellate Terms of the Supreme Court of New York·Decided January 28, 1976·Published·Cited by 2 cases

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]

Free access — add to your briefcase to read the full text and ask questions with AI

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]

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

Pincite

85 Misc. 2d 851 (People v. Vasquez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinions

Related