People v. Malmud
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtNolan, P. J.
Respondent’s motion to dismiss the information against him on the ground that it ‘ ‘ fails to state a prima facie case of the commission of a crime ’ ’ by him has been treated as a demurrer by the Court of Special Sessions, and the order granting the motion provides that the ‘ ‘ demurrer be, and the same hereby is sustained ”. It may be doubtful that the order is subject to review as “a judgment for the defendant, on a demurrer” (Code Crim. Pro., § 518, subd. 1). Whether it is or is not such a judgment is immaterial, however, since it is in any event an order of the court dismissing the…
2Cases cited19 opinions
- United States v. GrimaudSupreme Court of the United States · 1911
- Darweger v. StaatsNew York Court of Appeals · 1935
- Matthews v. MatthewsNew York Court of Appeals · 1925
- Matter of Small v. MossNew York Court of Appeals · 1938
- City of Buffalo v. . StevensonNew York Court of Appeals · 1913
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3Cited by11 opinions
- Jewish Reconstructionist Synagogue of North Shore, Inc. v. Incorporated Village of Roslyn HarborNew York Court of Appeals · 1976
- Quirk v. EvansNew York Supreme Court · 1982
- People v. CoeNew York Supreme Court · 1986
- People v. EinauglerAppellate Division of the Supreme Court of the State of New York · 1994
- People v. Blount, New York County Courts1975
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