Legal Opinion

People v. Capuano

New York County Courts

Decided December 13, 1971PublishedCited by 10 opinions

1Opinion of the Court

David 0. Boehm, J.

The petitioner, Frank Capuano, is charged with violating subdivision (a) of section 1120 of the Vehicle and Traffic Law on September 2, 1971 in the Town of Rush. Pursuant to CPL 170.15 (subd. 3), he now seeks to remove the trial from the Rush Town Court, asserting that he cannot receive a fair and impartial trial there and that the Town Justices should be disqualified from hearing the case.

A brief recapitulation of the underlying facts constituting the background of this application is in order.

The New York State Environmental Facilities Corporation, a public authority, and…

2Cases cited16 opinions

  1. Matter of Rotwein (Goodman)New York Court of Appeals · 1943
  2. People Ex Rel. Barnes v. . Court of SessionsNew York Court of Appeals · 1895
  3. People v. . PatrickNew York Court of Appeals · 1905
  4. People v. NaimarkAppellate Division of the Supreme Court of the State of New York · 1913
  5. In Re the Probate of the Last Will & Testament of HancockNew York Court of Appeals · 1883

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

3Cited by10 opinions

  1. Cavanagh v. CavanaghSupreme Court of Rhode Island · 1977
  2. People v. BonnerwithJustice Court of Town of Rhinebeck · 1972
  3. In re Robin ONew York City Family Court · 1974
  4. Cambria v. AdamsAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. Wallace, New York County Courts1975

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

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