Legal Opinion
People v. Rodriguez
Criminal Court of the City of New York
Decided May 11, 1988PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Harold Beeler, J.
Defendant moves, pursuant to CPL 170.30 (1) (a) and 170.35 *3(1) (a), to dismiss the charges against him on the ground that they are jurisdictionally defective within the meaning of CPL 100.40 and 100.15. Said motion is typical of many recent jurisdictional attacks brought by defendants in Criminal Court against the facial sufficiency of misdemeanor accusatory instruments in the aftermath of the Court of Appeals decisions in People v Dumas (68 NY2d 729) and People v Alejandro (70 NY2d 133).
In this particular case, the defendant is accused of violating…
2Cases cited3 opinions
- People v. AlejandroNew York Court of Appeals · 1987
- People v. DumasNew York Court of Appeals · 1986
- People v. HallNew York Court of Appeals · 1979
3Cited by4 opinions
- People v. DioufCriminal Court of the City of New York · 1992
- People v. MauroCriminal Court of the City of New York · 1990
- People v. DonnarumaCity of New York Municipal Court · 2012
- People v. FlemingCriminal Court of the City of New York · 2016