The following excerpt is from People v. Mullady, 149 Misc.2d 323, 565 N.Y.S.2d 685 (N.Y. Cty. Ct. 1991):
That being the statute's purpose, the focus then shifts to the analysis of what is required for its accomplishment. In this [149 Misc.2d 328] regard, it bears noting that courts which have marshaled the elements of the offense have done so in the conjunctive. For example, in People v. Samuel, 29 N.Y.2d 252, 258, 327 N.Y.S.2d 321, 325, 277 N.E.2d 381 (1971), a unanimous court opined that:
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