PEOPLE v. DLUGASH


41 N.Y.2d 725 (1977)

The People of the State of New York, Appellant, v. Melvin Dlugash, Respondent.

Court of Appeals of the State of New York.

Decided May 12, 1977.


Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Steven W. Fisher and Helman R. Brook of counsel), Brooklyn, for appellant.

Alan M. Dershowitz, admitted on motion pro hac vice, Cambridge, Mass., and Jeffrey R. Cohen, New York City, for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


JASEN, J.

The criminal law is of ancient origin, but criminal liability for attempt to commit a crime is comparatively recent. At the root of the concept of attempt liability are the very aims and purposes of penal law. The ultimate issue is whether an individual's intentions and actions, though failing to achieve a manifest and malevolent criminal purpose, constitute a danger to organized society of sufficient...

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