Legal Opinion

People v. Soto

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

Decided July 13, 1990PublishedCited by 6 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant Humberto Soto’s contention that the indictment must be dismissed because it was the product of a defective Grand Jury proceeding is without merit. Specifically, he claims that the indictment had been filed by a Grand Jury whose term had expired and had not been extended by court order (see, CPL 190.15 [1]). This issue has not been preserved for our review (see, CPL 210.20 [2]; 255.20; People v Lawrence, 64 NY2d 200). Were we to reach the issue, we would find that the claim has no merit. The record establishes that the Grand Jury had been…

2Cases cited5 opinions

  1. People v. LawrenceNew York Court of Appeals · 1984
  2. People v. WilliamsNew York Court of Appeals · 1989
  3. People v. KussAppellate Division of the Supreme Court of the State of New York · 1981
  4. People v. GandyAppellate Division of the Supreme Court of the State of New York · 1989
  5. People v. Dessis-CarbucciaAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by6 opinions

  1. People v. DuncanAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. GarciaAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. TaylorNew York Supreme Court · 2001
  4. GARCIA, FRANK, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2017
  5. People v. GarciaAppellate Division of the Supreme Court of the State of New York · 2017

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