Legal Opinion

People v. Zimmer

New York Court of Appeals

Decided November 25, 1980PublishedCited by 117 opinions

1Opinion of the Court

OPINION OF THE COURT

Fuchsberg, J.

On this appeal from an order upholding a conviction in a criminal case,1 we are called upon to decide, inter alia, whether the trial court should have denied a motion to dismiss the indictment when the District Attorney, at the time he presented the case to the Grand Jury, was also counsel to and a stockholder of the corporation in the course of whose management the defendant is alleged to have committed the "white collar” crimes with which he was charged. We believe the motion should have been granted.

The facts that govern our conclusion are neither…

2Cases cited3 opinions

  1. Berger v. United StatesSupreme Court of the United States · 1935
  2. People v. JonesNew York Court of Appeals · 1979
  3. People v. PetrucelliAppellate Division of the Supreme Court of the State of New York · 1974

3Cited by117 opinions

  1. People v. SawyerNew York Court of Appeals · 1982
  2. People v. FullerNew York Court of Appeals · 1982
  3. Schumer v. HoltzmanNew York Court of Appeals · 1983
  4. Brown v. KellyCourt of Appeals for the Second Circuit · 2010
  5. People v. EubanksCalifornia Supreme Court · 1996

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