Legal Opinion
People v. Chaves
Justice Court of Town of Ossining
Decided September 5, 2006PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Edwin S. Shapiro, J.
The defendant, Jose A. Chaves, is charged with two counts of aggravated harassment in the second degree, a class A misdemeanor, pursuant to section 240.30 (1) of the Penal Law. He has moved to dismiss both accusatory instruments on the grounds that (1) they are facially insufficient and defective as a matter of law; (2) the statute is unconstitutional on its face; and, alternatively, (3) it is unconstitutional as applied to the charges made in this case. He also asks for dismissal of the second count on “speedy trial” grounds pursuant to CPL 30.30 (1)…
2Cases cited11 opinions
- Gooding v. WilsonSupreme Court of the United States · 1972
- People v. ShackNew York Court of Appeals · 1995
- People v. DietzeNew York Court of Appeals · 1989
- Vives v. City of New YorkDistrict Court, S.D. New York · 2003
- People v. ManganoNew York Court of Appeals · 2003
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. LimageCriminal Court of the City of New York · 2008