Legal Opinion
People v. Evangelista
Criminal Court of the City of New York
Decided October 27, 2003PublishedCited by 2 opinions
1Opinion of the Court
*874OPINION OF THE COURT
Salvatore J. Modica, J.
The defendant is charged with a single count of sexual misconduct under Penal Law § 130.20 (1). It is alleged that this 19-year-old defendant had sexual intercourse with a 14-year-old girl “numerous times” between the dates of September 22, 2002 and April 2, 2003. The defendant, relying on People v Keindl (68 NY2d 410 [1986]), contends that the accusatory instrument should be dismissed as a denial of due process and as duplicitous. (See also CPL 170.30 [1] [f].) The court agrees that the accusatory instrument is defective. Nevertheless, dismissal is…
2Cases cited16 opinions
- Williams v. FloridaSupreme Court of the United States · 1970
- Herring v. New YorkSupreme Court of the United States · 1975
- Apodaca v. OregonSupreme Court of the United States · 1972
- Baldwin v. New YorkSupreme Court of the United States · 1970
- Cole v. ArkansasSupreme Court of the United States · 1948
11 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. DiazCriminal Court of the City of New York · 2014
- People v. NixCriminal Court of the City of New York · 2013