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Legal Opinion

People v. Chalupa

Criminal Court of the City of New York

Decided September 18, 2017Published

1Opinion of the Court

OPINION OF THE COURT

Tara A. Collins, J.

Defendant Jose Chalupa is charged with one count of harassment in the second degree (Penal Law § 240.26 [1]). He moves for the dismissal of this charge because (1) it is facially insufficient and (2) the People have failed to bring the case to trial within 30 days pursuant to Criminal Procedure Law § 30.30 (1) (d). For the reasons stated below, the defendant’s motions are denied.

Procedural History

Defendant Jose Chalupa was arrested on March 15, 2017, for harassment in the second degree pursuant to Penal Law § 240.26 (1). At that time, he was given a desk…

2Cases cited19 opinions

  1. People v. JenningsNew York Court of Appeals · 1986
  2. People v. KendziaNew York Court of Appeals · 1985
  3. People v. KoniecznyNew York Court of Appeals · 2004
  4. People v. DreydenNew York Court of Appeals · 2010
  5. People v. DietzeNew York Court of Appeals · 1989

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