Legal Opinion
People v. Powell
New York Supreme Court
Decided August 28, 1963PublishedCited by 2 opinions
1Opinion of the CourtAbraham J. Gellinopp, J.
This is a motion to quash a summons issued out of the New York City Criminal Court upon the ground that ‘1 the evidence presented was insufficient for the issuance of the said summons.” It appears from the record that the summons was issued on complaint of a judgment creditor of the defendant.
The court below conducted an ex parte hearing on the “ application for summons ” which resulted in the issuance of a summons for the appearance of the defendant. No information charging a crime has as yet been filed, but there is on file a complaint alleging a violation of section 1170 of the Penal Law.…
2Cases cited5 opinions
- People ex rel. Livingston v. WyattNew York Court of Appeals · 1906
- People Ex Rel. Shapiro v. Keeper of City PrisonNew York Court of Appeals · 1943
- City of Buffalo v. NeubeckAppellate Division of the Supreme Court of the State of New York · 1924
- Restivo v. DegnanNew York Supreme Court · 1948
- In re HartAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by2 opinions
- People v. PowellCriminal Court of the City of New York · 1963
- Powell v. Criminal CourtNew York Supreme Court · 1964