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Legal Opinion

People v. Garcia

New York Supreme Court

Decided September 23, 2008PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

William I. Mogulescu, J.

The defendant stands charged with one count of criminal trespass in the second degree (Penal Law § 140.15), one count of criminal trespass in the third degree (Penal Law § 140.10 [a]) and one count of trespass (Penal Law § 140.05) by way of a misdemeanor complaint.

The defendant moves to dismiss the complaint, asserting that it has never been converted into an information because it is facially insufficient.

In order to be facially sufficient, the factual portion of a misdemeanor information must allege facts of an evidentiary character supporting or…

2Cases cited17 opinions

  1. People v. AlejandroNew York Court of Appeals · 1987
  2. People v. CaseyNew York Court of Appeals · 2000
  3. People v. DumasNew York Court of Appeals · 1986
  4. People v. CaseNew York Court of Appeals · 1977
  5. People v. BuieNew York Court of Appeals · 1995

12 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. St. George v. Hampton Ventures, LLC (In re Hampton Ventures, LLC)United States Bankruptcy Court, D. Connecticut · 2019
  2. People v. BurgosNew York Supreme Court · 2012

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