PEOPLE EX REL. DE FALCO v. LA VALLEE


12 A.D.2d 679 (1960)

The People of the State of New York ex rel. Anthony De Falco, Appellant, v. J. Edwin La Vallee, as Warden of Clinton Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 2, 1960


Relator pleaded guilty in 1956 in Kings County Court to an attempt to carry a dangerous weapon, which, if carried, would be a felony. On return of a writ of habeas corpus from his resulting imprisonment in Clinton Prison he argues that such an offense is not a felony and, in effect, that there can be no "attempt" to carry a weapon; that the only crime is the accomplished result. Such an attempt seems to fall literally, however, within the definitions in section 610 of the...

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