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Criminal Law Keyed to Ohlin
People v. Hernandez
Citation:82 N.Y.2d 309, 604 N.Y.S.3d 524 (1993)
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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, Santana and Hernandez, conspired to ambush and rob a man who was coming to a New York City apartment to buy drugs. They planned for Santana to lure him into the building stairwell where Hernandez was waiting with a gun. However, the man was actually an undercover state trooper, backed up by fellow officers.
Once Hernandez accosted him and pointed a gun at the undercover officer’s head, a fight ensured in which the officer announced that he was a policeman and puled out his own gun. Hernandez ran from the building into a courtyard where he encountered several other police officers. When ordered to stop, Hernandez aimed his gun at one of the troopers and the officers began firing. One office was fatally shot in the head. Hernandez was apprehended after being wounded and Santana was arrested inside of the building.
- 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.