We vacate defendant's conviction for assault "[i]n the course of and in furtherance of the commission or attempted commission of a felony," (Penal Law § 120.05 [6]) because he was acquitted of the underlying felony of criminal mischief in the third degree, and attempted criminal mischief (see Penal Law § 110.00) was neither submitted to the jury nor explained to it by the court (see People v Sanchez,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
PEOPLE v. McCALLOP
34 A.D.3d 360 (2006)
826 N.Y.S.2d 12
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONNELL McCALLOP, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided November 28, 2006.
Decided November 28, 2006.
Appellate Division of the Supreme Court of the State of New York, First Department.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
- No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.
