Legal Opinion
People v. Boyce
New York Supreme Court
Decided October 31, 1967PublishedCited by 4 opinions
1Opinion of the CourtJ. Irwin Shapiro, J.
Motion by defendant to dismiss the indictment is granted although not upon any of the grounds asserted as the basis for the motion. The indictment is dismissed solely for the reason that at the time it was returned the Grand Jury was completely lacking in jurisdiction over the subject matter of the indictment. It is, therefore, a complete nullity.
On January 29, 1967 the defendant was arrested for felonious assault committed by him upon his wife by slashing her face with a knife. On the following day, defendant was arraigned on that charge in the Criminal Court, Queens County, and was held in…
2Cases cited2 opinions
- People ex rel. Livingston v. WyattNew York Court of Appeals · 1906
- People v. HortonNew York Court of Appeals · 1954
3Cited by4 opinions
- United States Ex Rel. James A. Walker v. Robert J. Henderson, Superintendent of Auburn Correctional Facility,respondent-AppelleeCourt of Appeals for the Second Circuit · 1974
- People v. GemmillAppellate Division of the Supreme Court of the State of New York · 1970
- People v. JamesNew York Supreme Court · 1968
- Montalvo v. MontalvoNew York City Family Court · 1968