People v. Kirkham
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMugglin, J.
Appeal from an order of the County Court of Madison County (DiStephano, J.), entered September 2, 1999, which granted defendant’s motion to dismiss count one of the indictment.
We affirm. It is firmly established that an indictment must contain a factual allegation of every element of the crime charged (see, CPL 200.50 [7]), including an allegation that any exception set forth within the statute defining the offense is inapplicable (see, People v Kohut, 30 NY2d 183, 187; People v Taylor, 256 AD2d 647, 648). Here, count one of the indictment charged defendant with violating Penal Law § 215.51…
2Cases cited6 opinions
- People v. KohutNew York Court of Appeals · 1972
- People v. First Meridian Planning Corp.New York Court of Appeals · 1995
- People v. BinghamAppellate Division of the Supreme Court of the State of New York · 1999
- People v. First Meridian Planning Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- People v. BestAppellate Division of the Supreme Court of the State of New York · 1987
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3Cited by12 opinions
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- People v. RomanoCriminal Court of the City of New York · 2001
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