Legal Opinion

People v. Brisotti

Criminal Court of the City of New York

Decided November 15, 1995PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Laura Safer Espinoza, J.

The defendant is charged with leaving the scene of an incident without reporting (Vehicle and Traffic Law § 600 [2] [a]), a "B” misdemeanor. He moves for dismissal of the accusatory instrument on several grounds, including CPL 30.30 and 150.50, based on the People’s failure to file an accusatory instrument on the return date of a desk appearance ticket (hereinafter DAT).

The defendant was issued a DAT on March 1, 1995. He appeared with retained counsel on the return date, May 23rd, and again on July 5th and August 24th. On each of these dates "the…

2Cases cited20 opinions

  1. People v. ByfieldCriminal Court of the City of New York · 1986
  2. People v. MacFarlene Co.Criminal Court of the City of New York · 1985
  3. People v. ParrisNew York Court of Appeals · 1992
  4. People v. GrossCriminal Court of the City of New York · 1990
  5. People v. RodriguezRockville Centre Village Court · 1977

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

3Cited by3 opinions

  1. People v. GiustiCriminal Court of the City of New York · 1998
  2. People v. StirrupAppellate Division of the Supreme Court of the State of New York · 1997
  3. People v. HauschJustice Court of Village of Tuckahoe · 2001

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