Petitions 6274-R of New York Merchandise Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “violation of public trust” could not serve as a sentencing-enhancement fact because an element of the crime was the threat to abuse the defendant’s position as a public servant
• holding that “violation of public trust” could not serve as a sentencing-enhancement fact because an element of the crime was the threat to abuse the defendant’s position as a public servant
• where an attempted crime includes the element of forcible compulsion, the state must prove that a defendant, with the requisite intent, took a substantial step towards forcibly compelling the victim to engage in the act

Source: CourtListener parenthetical corpus (CC0).