From Wikipedia, the free encyclopedia

People v. Rizzo
Court New York Court of Appeals
Full case nameThe People of the State of New York, Respondent, v. Charles Rizzo, Appellant, Impleaded with Others.
DecidedNovember 22, 1927 (1927-11-22)
Citation246 N.Y. 334; 158 N.E. 888
Case history
Appealed fromBronx County Court; Appellate Division of the New York Supreme Court
Court membership
Judges sitting Frederick E. Crane, Henry T. Kellogg, John F. O'Brien
Case opinions
MajorityCrane, joined by Kellogg, O'Brien

People v. Rizzo, Court of Appeals of New York, 246 N.Y. 334, 158 N.E. 888 (1927), is a criminal case that set precedent for what constitutes an attempt to commit a crime. [1]

Facts

Charles Rizzo, Anthony J. Dorio, Thomas Milo and John Thomasell planned to rob a courier carrying payroll. Rizzo told the others that he could identify the courier. They drove around looking for the courier but they failed to locate the courier before police stopped and arrested them.

Prior History

Charles Rizzo was convicted of attempted robbery in the first degree by the Bronx County Court on February 17, 1927. [2] He appealed to the Supreme Court of New York, Appellate Division which affirmed the conviction on June 27, 1927. [3]

Conclusion

Actions must be dangerously close to the commission of a crime to satisfy the action for an attempt. Having failed to find his target, Rizzo could not have completed a substantial step toward commission of robbery to be found guilty of attempting robbery.

References

  1. ^ Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan (law professor), Robert Weisberg, Guyora Binder, ISBN  978-1-4548-0698-1, [1]
  2. ^ New York v. Rizzo, 221 A.D. 353, 223 N.Y.S. 200 (App. Div. 1st Dept. 1927)
  3. ^ People v. Rizzo, 246 N.Y. 334, 158 N.E. 888 (1927)

Text of People v. Rizzo is available from:  vLex 


From Wikipedia, the free encyclopedia

People v. Rizzo
Court New York Court of Appeals
Full case nameThe People of the State of New York, Respondent, v. Charles Rizzo, Appellant, Impleaded with Others.
DecidedNovember 22, 1927 (1927-11-22)
Citation246 N.Y. 334; 158 N.E. 888
Case history
Appealed fromBronx County Court; Appellate Division of the New York Supreme Court
Court membership
Judges sitting Frederick E. Crane, Henry T. Kellogg, John F. O'Brien
Case opinions
MajorityCrane, joined by Kellogg, O'Brien

People v. Rizzo, Court of Appeals of New York, 246 N.Y. 334, 158 N.E. 888 (1927), is a criminal case that set precedent for what constitutes an attempt to commit a crime. [1]

Facts

Charles Rizzo, Anthony J. Dorio, Thomas Milo and John Thomasell planned to rob a courier carrying payroll. Rizzo told the others that he could identify the courier. They drove around looking for the courier but they failed to locate the courier before police stopped and arrested them.

Prior History

Charles Rizzo was convicted of attempted robbery in the first degree by the Bronx County Court on February 17, 1927. [2] He appealed to the Supreme Court of New York, Appellate Division which affirmed the conviction on June 27, 1927. [3]

Conclusion

Actions must be dangerously close to the commission of a crime to satisfy the action for an attempt. Having failed to find his target, Rizzo could not have completed a substantial step toward commission of robbery to be found guilty of attempting robbery.

References

  1. ^ Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan (law professor), Robert Weisberg, Guyora Binder, ISBN  978-1-4548-0698-1, [1]
  2. ^ New York v. Rizzo, 221 A.D. 353, 223 N.Y.S. 200 (App. Div. 1st Dept. 1927)
  3. ^ People v. Rizzo, 246 N.Y. 334, 158 N.E. 888 (1927)

Text of People v. Rizzo is available from:  vLex 



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