What are the elements of an intangible substance that can be taken from a person's ear?

"New York", United States of America

The following excerpt is from People v. Fountain, 2017 NY Slip Op 30674 (U) (N.Y. Cty. Ct. 2017):

travel through the air or another medium and can be heard when they reach a person's or animal's ear, citing the Oxford English Dictionary. Because it is intangible, like the images on a movie screen, it cannot be subject to being taken, because there was no substance that was removed. People v. Borriello, 154 Misc.2d 529 (Sup Ct Kings County 1992)

Other Questions


Is a defendant who committed both enhancing elements of the elements of second-degree robbery and possession of a firearm an enhanced element of the crime? (MultiRegion, United States of America)
Does the arrest and subsequent courts-martial of a person who masqueraded as a military officer affect the conviction of the person who was arrested? (MultiRegion, United States of America)
What is the test for whether a person who has been found unfit to stand trial for murder by reason of reason is considered to be a "dangerous person" under s. 19(1)(a)(ii) of the Mental Health Act? (Canada (Federal), Canada)
What is the test for determining whether or not a person who refuses or fails to conduct an inquiry into their personal tax situation is a tax evasive? (Canada (Federal), Canada)
When a statute requires knowledge of the jurisdictional element of a claim, when the statute itself states that knowledge is not an essential element, is that knowledge required? (MultiRegion, United States of America)
Is a waiver to supersede personal information superseding personal information enforceable? (MultiRegion, United States of America)
What is the test for the right of a single person to cast their ballot at the same time as a second person? (MultiRegion, United States of America)
Does a plaintiff in a personal capacity action seek to impose individual liability upon a government officer for actions taken under color of state law? (MultiRegion, United States of America)
Does the Miranda warning need to be triggered after a person has been taken into custody or otherwise deprived of his freedom? (MultiRegion, United States of America)
Does the presumption that a person who makes a statement of intent to injure another person be liable for damages if that statement contains two statements of intent? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.