People v. Risolo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law, count three of the indictment reinstated and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in dismissing count three of the indictment for lack of specificity. The court agreed with defendant that the 31-day. period comprising the entire month of October 1994 contained in count three was so lacking in specificity that defendant would be unduly handicapped in seeking to defend against it.
CPL 200.50 (6) mandates that an indictment contain a statement in each count indicating that…
2Cases cited5 opinions
- People v. KeindlNew York Court of Appeals · 1986
- People v. MorrisNew York Court of Appeals · 1984
- People v. WattNew York Court of Appeals · 1993
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1996
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by9 opinions
- People v. ErleAppellate Division of the Supreme Court of the State of New York · 2011
- People v. FurlongAppellate Division of the Supreme Court of the State of New York · 2004
- People v. RomanAppellate Division of the Supreme Court of the State of New York · 2007
- People v. HutzlerAppellate Division of the Supreme Court of the State of New York · 2000
- People v. Aaron V.Appellate Division of the Supreme Court of the State of New York · 2008
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