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PEOPLE v. APONTE

No. 11.

16 N.Y.3d 106 (2011)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBERT APONTE, Appellant.

Court of Appeals of New York.

Decided February 10, 2011.

Attorney(s) appearing for the Case

Legal Aid Society, Criminal Appeals Bureau, New York City ( Jonathan Garelick and Steven Banks of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Daniel Bresnahan and John M. Castellano of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

We are asked on this appeal to decide whether attempted stalking in the third degree (Penal Law §§ 110.00, 120.50 [3]) is a legally cognizable offense. Because stalking proscribes the performance of certain acts, we hold that the attempt to commit those acts is punishable as a criminal offense.

Defendant was charged by a misdemeanor complaint with the crimes of...

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