Legal Opinion

People v. Lopez

New York Court of Appeals

Decided May 5, 1992PublishedCited by 53 opinions

1Opinion of the Court

OPINION OF THE COURT

Yesawich, Jr., J.*

The issue presented is whether an affidavit, submitted to a Grand Jury pursuant to CPL 190.30 (3), wherein the owner states in conclusory terms the worth of allegedly stolen property and the amount of physical damage to it, without indicating the basis for that valuation, can sustain an indictment where value is an element of the offense charged. We hold that it does not.

A Queens County Grand Jury indicted defendant for offenses arising out of his August 8, 1990 arrest while in possession of a stolen 1985 Pontiac owned by Pedro Medina. The car had *404a…

2Cases cited6 opinions

  1. People v. JamesNew York Court of Appeals · 1986
  2. People v. CarterNew York Court of Appeals · 1967
  3. People v. SteinAppellate Division of the Supreme Court of the State of New York · 1991
  4. People v. BernardAppellate Division of the Supreme Court of the State of New York · 1986
  5. People v. ClarkAppellate Division of the Supreme Court of the State of New York · 1983

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3Cited by53 opinions

  1. People v. PallagiAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. SheehyAppellate Division of the Supreme Court of the State of New York · 2000
  3. People v. MorganAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. GeroyianisAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2001

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

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