Legal Opinion

People v. Davis

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 2009PublishedCited by 16 opinions

1Opinion of the Court

*1654Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of one count of murder in the second degree (Penal Law § 125.25 [3]), 12 counts of robbery in the first degree (§ 160.15 [1], [2]) and six counts of robbery in the second degree (§ 160.10 [1]). We reject defendant’s contention that County Court erred in refusing to dismiss the indictment based on the fact that a sitting supreme court justice served as the foreperson of the grand jury. A grand jury is “impaneled by a superior court and constituí [es] a part of such court” (CPL 190.05), but a superior court is…

2Cases cited10 opinions

  1. People v. HawkinsNew York Court of Appeals · 2008
  2. People v. ParksNew York Court of Appeals · 2000
  3. People v. WitherspoonAppellate Division of the Supreme Court of the State of New York · 2009
  4. Moran Towing Corp. v. UrbachNew York Court of Appeals · 2003
  5. People v. WilliamsNew York Court of Appeals · 1989

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3Cited by16 opinions

  1. People v. BoykinsAppellate Division of the Supreme Court of the State of New York · 2011
  2. Guidarelli v. BrassardAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. PovoskiAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. GloverAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2017

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

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