Legal Opinion

People v. Waters

Elmira City Court

Decided May 22, 2003Published

1Opinion of the Court

OPINION OF THE COURT

Steven W. Forrest, J.

This matter is before the court on a motion by the People to reduce the charge of attempted burglary in the third degree (Penal Law §§ 110.00, 140.20), an E felony, to a charge of criminal trespass in the second degree (Penal Law § 140.15), an A misdemeanor. In addition, defense counsel has filed a motion to dismiss the aforesaid charge contained in the felony *422complaint for violation of the defendant’s statutory speedy trial rights (CPL 30.30 [1]).

The People have filed a written response to defendant’s motion, with a supporting affidavit and…

2Cases cited13 opinions

  1. People v. BerkowitzNew York Court of Appeals · 1980
  2. People v. KendziaNew York Court of Appeals · 1985
  3. People v. CortesNew York Court of Appeals · 1992
  4. People v. OsgoodNew York Court of Appeals · 1980
  5. People v. CarterNew York Court of Appeals · 1998

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