PEOPLE v. PRESCOTT


95 N.Y.2d 655 (2001)

745 N.E.2d 1000

722 N.Y.S.2d 778

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORTON U. PRESCOTT, 2D, Appellant.

Court of Appeals of the State of New York.

Decided February 13, 2001.


Attorney(s) appearing for the Case

Madigan & Barry, Bath (Travis J. Barry of counsel), for appellant.

Brooks T. Baker, Assistant District Attorney of Steuben County, Bath, for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, ROSENBLATT and GRAFFEO concur.


OPINION OF THE COURT

WESLEY, J.

This case presents the question whether attempted driving while intoxicated and attempted aggravated unlicensed operation of a motor vehicle are legally cognizable offenses. For the reasons to follow, we conclude that they are not.

On the evening of November 13, 1998, Jeffrey Orlando and his wife were alerted by sounds outside their home. When Orlando looked out the window, he saw defendant getting into Orlando's truck...

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