Legal Opinion
People v. Hernandez
New York Court of Appeals
Decided May 7, 2002PublishedCited by 24 opinions
1Opinion of the Court
OPINION OF THE COURT
Wesley, J.
As the result of a warrantless arrest, defendant was charged in a misdemeanor complaint with consumption of alcohol in a public place, disorderly conduct and resisting arrest. The trial court dismissed the complaint pursuant to CPL 140.45. That section requires dismissal when an accusatory instrument filed pursuant to warrantless arrest provisions is facially insufficient and the “court is satisfied that on the basis of the available facts or evidence it would be impossible to draw and file” a sufficient accusatory instrument (CPL 140.45). The People appealed…
2Cases cited3 opinions
- People v. StevensNew York Court of Appeals · 1998
- People v. LaingNew York Court of Appeals · 1992
- People v. MachadoCriminal Court of the City of New York · 1999
3Cited by24 opinions
- People v. ElmerNew York Court of Appeals · 2012
- People v. PaganNew York Court of Appeals · 2012
- The Matter of 381 Search Warrants Directed to Facebook Inc. v. New York County District Attorney's OfficeNew York Court of Appeals · 2017
- People v. DunnNew York Court of Appeals · 2005
- Fitzpatrick v. RosenthalAppellate Division of the Supreme Court of the State of New York · 2006
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