· 1/22/2020
People v. Penajames
Citations
- 114 N.Y.S.3d 256
- 179 A.D.3d 955
- 2020 NY Slip Op 442
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that \it is not necessary to draw a distinction between alternatives and definitions of alternatives where the crime at issue is not an alternative means crime at all\
- \ We hold that the failure to register is not an alternative means crime. \
- “ ‘There is simply no bright-line rule by which the courts can determine whether the legislature intended to provide alternate means of committing a particular crime. Instead, each case must be evaluated on its own merits’ ” (brackets omitted)
- “The ‘elements of a crime’ are commonly defined as ‘ “[t]he constituent parts of a crime—[usually] consisting of the actus reus, mens rea [sic], and causation—that the prosecution must prove to sustain a conviction.” ’ ”
- focus of the alternative means rule is on the juiy instructions
- focus of the alternative means rule is on the jury instructions
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.