Legal Opinion

People v. Swinger

Criminal Court of the City of New York

Decided November 13, 1998PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Laura A. Ward, J.

The defendant is charged in a misdemeanor information with two counts of assault in the third degree, in violation of Penal Law § 120.00 (1). In his motion, the defendant seeks, inter alia, an order dismissing the information as facially insufficient pursuant to CPL 170.35. This court has examined the defendant’s motion, the People’s response, and the applicable case law. For the reasons set forth below, the defendant’s motion is denied.

The defendant and the complainant are husband and wife. The information alleges that the defendant assaulted the…

2Cases cited28 opinions

  1. People v. EdwardsNew York Court of Appeals · 1979
  2. People v. VasquezNew York Court of Appeals · 1996
  3. People v. BrownNew York Court of Appeals · 1987
  4. People v. NievesNew York Court of Appeals · 1986
  5. People v. HensonNew York Court of Appeals · 1973

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3Cited by8 opinions

  1. People v. OrtegaNew York Court of Appeals · 2010
  2. People v. MoscatCriminal Court of the City of New York · 2004
  3. People v. CapellanCriminal Court of the City of New York · 2004
  4. State v. Delos SantosHawaii Supreme Court · 2010
  5. People v. AnonymousNew York Supreme Court · 2002

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

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