| People v. Rizzo | |
|---|---|
 | |
| Court | New York Court of Appeals |
| Full case name | The People of the State of New York, Respondent, v. Charles Rizzo, Appellant, Impleaded with Others. |
| Decided | November 22, 1927 |
| Citation(s) | 246 N.Y. 334; 158 N.E. 888 |
| Case history | |
| Appealed from | Bronx 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 | |
| Majority | Crane, 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
- ↑ 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,
- ↑ New York v. Rizzo, 221 A.D. 353, 223 N.Y.S. 200 (App. Div. 1st Dept. 1927)
- ↑ People v. Rizzo, 246 N.Y. 334, 158 N.E. 888 (1927)
External links
Text of People v. Rizzo is available from: vLex