Does Section 120.05 of the New York State Code of Criminal Procedure need to be reduced to a modified categorical approach?
MultiRegion, United States of America
The following excerpt is from United States v. Peña, 17-4116-cr (2nd Cir. 2019):
In our view, however, it is clear that N.Y.P.L. 120.05 is a divisible statutefor it is one that "sets out one or more elements of the offense in the alternative." Descamps v. United States, 570 U.S. 254, 257 (2013). Therefore, the modified categorical approach applies. Id. at 261-62.
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