Legal Opinion
People v. Petre
New York Supreme Court
Decided July 15, 1991PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
William D. Friedmann, J.
On February 8, 1991, an indictment was filed charging defendant with two counts of kidnapping in the first degree and one count of kidnapping in the second degree.
Defendant now moves to dismiss the kidnapping charges on the ground that the Grand Jury proceeding failed to conform to CPL article 190.
*544defendant’s contentions
It is argued in support of the motion that the People, in presenting this matter to the Grand Jury, did not instruct that body as to the affirmative defense to kidnapping as set forth in Penal Law § 135.30.
Defendant specifically…
2Cases cited4 opinions
- People v. VallesNew York Court of Appeals · 1984
- Linder v. State, Texas Court of Appeals, 10th District (Waco)1987
- State v. TuitasiCourt of Appeals of Washington · 1986
- People v. NezajNew York Supreme Court · 1988
3Cited by4 opinions
- State v. DeJesusConnecticut Appellate Court · 2005
- People v. LeonardNew York Court of Appeals · 2012
- The People v. Charles SmithNew York Court of Appeals · 2017
- The People v. Charles SmithNew York Court of Appeals · 2017