Sunday, November 17, 2013

People v. Rizzo case brief

People v. Rizzo case brief summary
158 N.E. 888 (1927)

Defendant appealed the decision of the Appellate Division of the Supreme Court in the First Judicial Department affirming defendant's conviction for the crime of attempted robbery in the first degree.

Defendant intended to rob a payroll man, however, the police intervened and arrested defendant and his accomplices before they had located the man they wanted to rob. Defendant was convicted of robbery in the first degree, and he appealed his conviction.


  • The supreme court determined that the defendant would be guilty of attempted robbery if defendant committed an act tending be immediately connected to the commission of the robbery. 
  • The court reversed defendant's conviction and ordered a new trial because defendant's actions were too remote with respect to the commission of the crime to constitute attempted robbery because he had not found or seen the man he intended to rob.

Defendant's conviction was reversed because, although defendant intended to rob a payroll man, his actions only remotely advanced the commission of the robbery because he had not found the person he intended to rob at the time the police intervened, thus defendant's actions did not constitute attempted robbery.

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