People v. Weixel

New York Court of Appeals

People v. Weixel

269 N.E.2d 827, 28 N.Y.2d 738, 321 N.Y.S.2d 119, 1971 N.Y. LEXIS 1451

CourtNew York Court of Appeals

DecidedApril 7, 1971

StatusPublished

Cited by1 cases

This text of 269 N.E.2d 827 (People v. Weixel) 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. Weixel, 269 N.E.2d 827, 28 N.Y.2d 738, 321 N.Y.S.2d 119, 1971 N.Y. LEXIS 1451 (N.Y. 1971).

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Opinion

Judgment reversed and the information dismissed on the ground that the crime of menacing of which the defendants were convicted did not constitute a lesser degree of any one of the crimes — riot (Penal Law, § 240.05), reckless endangerment (§ 120.20) and resisting arrest (§ 205. 30)—with which they had been charged and on which they had been put to trial (see People v. Moyer, 27 N Y 2d 252).

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.

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Judgment reversed and the information dismissed on the ground that the crime of menacing of which the defendants were convicted did not constitute a lesser degree of any one of the crimes — riot (Penal Law, § 240.05), reckless endangerment (§ 120.20) and resisting arrest (§ 205. 30)—with which they had been charged and on which they had been put to trial (see People v. Moyer, 27 N Y 2d 252).

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.

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Bluebook (online)

269 N.E.2d 827, 28 N.Y.2d 738, 321 N.Y.S.2d 119, 1971 N.Y. LEXIS 1451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-weixel-ny-1971.

Opinion

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