Legal Opinion

People v. DeSimone

New York Supreme Court

Decided February 8, 1988Published

1Opinion of the Court

OPINION OF THE COURT

Thomas A. Demakos, J.

The defendant, Salvatore DeSimone, stands charged with *723count five of the indictment, riot in the first degree ,and count nine of the indictment, criminal facilitation in the fourth degree. He now moves for pretrial relief seeking: (A) Reinspection of the Grand Jury minutes and dismissal of count five of the indictment; (B) Dismissal of count five of the indictment on the ground there exists a jurisdictional or legal impediment to conviction of the defendant for the offense charged, and (C) Dismissal of count nine of the indictment in the interests of…

2Cases cited9 opinions

  1. People v. BerkowitzNew York Court of Appeals · 1980
  2. People v. ClaytonAppellate Division of the Supreme Court of the State of New York · 1973
  3. McGrath v. GoldNew York Court of Appeals · 1975
  4. People ex rel. Dowdy v. SmithNew York Court of Appeals · 1979
  5. People v. SternCriminal Court of the City of New York · 1975

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