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Criminal Law Keyed to Kennedy
New York v. Robert Quentin and John Garcia
Citation:58 Misc. 2d 601 (1968)
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The defendants passed out brochures. It included a paragraph entitled “How to make a fire bomb”, and a recipe for Tryptamine, a psychedelic agent. The recipe ends with the statements: “This last (Tetrahydrofurane) is a very powerful reducing agent; wear safety glasses, add very cautiously, and perform this step with ventilation, away from flames (H2 is evolved). The yield is about 40 grams of DMT, in tetrahydrofurane solution. This cannot be drunk or injected, but may be smoked by sprinkling on mint or cannabis leaves and letting the solution evaporate. It’s evaporated when it starts smelling like DMT instead of tetrahydrofurane.”
They entered a guilty plea in violation of Section 100.00 of the Penal Law. They moved to withdraw, arguing that there were not enough facts in the information to constitute a crime.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.