Federal Defenders of New York Second Circuit Blog

attempt

Second Circuit Holds N.Y. Attempted Second Degree Assault With a Deadly Weapon (N.Y.P.L. §120.05. (2) ) a “Crime of Violence” Under Force Clause and §846 Narcotics Conspiracy a “Controlled Substance Offense.”

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In United States v. Tabb, __ F.3d __, 2020 WL 573379 (2d Cir. Feb. 6, 2020), the Court of Appeals held that New York’s attempted assault in the second degree with a deadly weapon or dangerous instrument qualifies as a crime of violence under the force clause. The Court had previously held, in Singh v. … Read more

Attempting Offer

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United States v. Sabir, No. 07-1968-cr (2d Cir. February 4, 2011) (Winter, Raggi, CJJ, Dearie, DJ) Rafiq Sabir, an American doctor, was convicted of conspiring to and attempting to provide material support – in the form of his own medical services – to al Qaeda. Sabir raised a multitude of issues on appeal, including a … Read more