Legal Opinion
People v. Simon
Criminal Court of the City of New York
Decided November 16, 1990PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Efrain Alvarado, J.
Jamel Simon is charged in a one-count information with criminal possession of a weapon in the fourth degree, a violation of section 265.01 of the Penal Law. This crime is classified as a class A misdemeanor. Defendant now moves pursuant to CPL 170.30 to dismiss this charge for facial insufficiency, and moves also for other forms of relief as part of the remainder of the omnibus motion.
Defendant’s claim on the facial sufficiency issue is that the accusatory instrument filed in this case fails to allege that the *846defendant "knowingly and unlawfully”…
2Cases cited4 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- People v. DavisCriminal Court of the City of New York · 1981
- People v. MillerNew York Supreme Court · 1988
- People v. NemadiCriminal Court of the City of New York · 1988
3Cited by5 opinions
- People v. WoodAppellate Division of the Supreme Court of the State of New York · 2008
- People v. ToddCriminal Court of the City of New York · 1992
- People v. GriffinCriminal Court of the City of New York · 1994
- People v. KleinerNew York Supreme Court · 1997
- People v. DiLorenzoCriminal Court of the City of New York · 1991