Legal Opinion

People v. Morning

New York County Courts

Decided December 31, 1979PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

John V. Vaughn, J.

The defendant moves to dismiss this indictment charging him with driving while intoxicated as a felony upon the grounds that (a) the prosecution is barred by reason of a previous prosecution, (b) there is a jurisdictional or legal impediment to a conviction on this charge, and (c) dismissal is required in the interest of justice.

The facts are undisputed. Defendant was initially charged with driving while intoxicated as a felony, which charge was reduced to driving while intoxicated as a misdemeanor in the Justice Court of the Town of Southampton.…

2Cases cited11 opinions

  1. People v. ClaytonAppellate Division of the Supreme Court of the State of New York · 1973
  2. People v. SternNew York Court of Appeals · 1958
  3. People v. Sturgis, New York County Courts1974
  4. Krum v. HoganNew York Supreme Court · 1972
  5. People v. RybackNew York Court of Appeals · 1957

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

3Cited by7 opinions

  1. Chang v. RotkerAppellate Division of the Supreme Court of the State of New York · 1990
  2. People v. Callaway, New York County Courts1984
  3. People v. ChandlerCriminal Court of the City of New York · 1981
  4. People v. JonesCriminal Court of the City of New York · 1984
  5. People v. KingNew York District Court · 1987

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

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