People v. Joseph P.
Justice Court of Town of Greenburgh
1Opinion of the Court
OPINION OF THE COURT
Ascher Katz, J.
By two separate motions, each defendant moves to dismiss the informations in the interest of justice pursuant to *1076CPL 170.40. The motions were preliminarily granted to the extent of directing a Clayton hearing (People v Clayton, 41 AD2d 204).
On February 24,1978 at about 4:30 p.m., defendants were apprehended by members of the New York State Police while committing an act of fellatio in the public men’s room at the Ardsley service area on the New York State Thru way in Greenburgh, New York.
The information complaint charged the defendants with committing the…
2Cases cited37 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Oyler v. BolesSupreme Court of the United States · 1962
- Griffin v. School Bd. of Prince Edward Cty.Supreme Court of the United States · 1964
- Keyes v. School Dist. No. 1, DenverSupreme Court of the United States · 1973
- People v. ClaytonAppellate Division of the Supreme Court of the State of New York · 1973
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3Cited by3 opinions
- In re Richard C.New York City Family Court · 1982
- People v. Martin C.Justice Court of Town of Greenburgh · 1981
- People v. AlfaroJustice Court of Town of Greenburgh · 1999