New York Court of Appeals, 1971

People v. Weixel

People v. Weixel
New York Court of Appeals · Decided April 7, 1971
28 N.Y.2d 738; 269 N.E.2d 827; 321 N.Y.S.2d 119; 1971 N.Y. LEXIS 1451

People v. Weixel

Opinion

Judgment reversed and the information dismissed on the ground that the crime of menacing of which the defendants were convicted did not constitute a lesser degree of any one of the crimes — riot (Penal Law, § 240.05), reckless endangerment (§ 120.20) and resisting arrest (§ 205. 30)—with which they had been charged and on which they had been put to trial (see People v. Moyer, 27 N Y 2d 252).

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.