(Download) "People State New York v. Robert W. Campbell" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Robert W. Campbell
- Author : Supreme Court of New York
- Release Date : January 17, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Defendant contends that his conviction for criminal possession of a weapon in the fourth degree (Penal Law, § 265.01, subd [2]) is repugnant to his acquittals on the counts of attempted robbery in the first degree (Penal Law, § 160.15, subd 3) and assault in the second degree (Penal Law, § 120.05, subd 2). He maintains that to have rendered the afore-mentioned acquittals and the convictions on the counts of attempted robbery in the second degree and assault in the second degree (Penal Law, § 120.05, subd 6), the jury necessarily found that every element of attempted robbery in the first degree and assault in the second degree (Penal Law, § 120.05, subd 2) was proven beyond a reasonable doubt, with the exception of the element of use or threatened use of a dangerous instrument. Since defendant did not use or threaten the immediate use of a dangerous instrument to commit an assault or an attempted robbery, and no proof was proffered as to another unlawful use against the complainant, defendant contends that the essential element of intent to use a dangerous instrument unlawfully against another was negated.