Legal Opinion

People v. Braithwaite

New York Supreme Court

Decided August 17, 1994PublishedCited by 6 opinions

1Opinion of the CourtOpinion Of The Court Sheila Abdus-Salaam, J.

At the conclusion of the People’s case, defendant moved, pursuant to CPL 290.10, for a trial order of dismissal as to all six counts of the indictment. From the Bench, I denied the motion with respect to counts two through six. However, I *614reserved decision as to count one, which charges defendant with criminal sale of a controlled substance in the second degree, to consider the parties’ arguments and to review the relevant law. Before giving the case to the jury, I also dismissed that count, summarizing my reasons. This decision is a more detailed explanation for dismissing the top count.

Count…

2Cases cited10 opinions

  1. Joseph Martin, Jr., Delicatessen, Inc. v. SchumacherNew York Court of Appeals · 1981
  2. People v. MullenAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. GondolfoNew York Supreme Court · 1978
  4. People v. LawsonNew York Supreme Court · 1975
  5. People v. JonesAppellate Division of the Supreme Court of the State of New York · 1978

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3Cited by6 opinions

  1. Gonzalez v. City of SchenectadyCourt of Appeals for the Second Circuit · 2013
  2. People v. A. S.Criminal Court of the City of New York · 1998
  3. People v. MikeAppellate Division of the Supreme Court of the State of New York · 1998
  4. Gonzalez v. City of SchenectadyCourt of Appeals for the Second Circuit · 2013
  5. State v. SammonsMissouri Court of Appeals · 2002

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