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Legal Opinion

People v. Almendarez

Nassau County District Court

Decided April 15, 2009PublishedCited by 1 opinion

1Opinion of the Court

*650OPINION OF THE COURT

David Goodsell, J.

Gerónimo Almendarez seeks a dismissal of the action against him based upon a variety of grounds including a legal impediment prevents prosecution (CPL 170.30 [1] [f]), the information is defective (CPL 170.35 [1] [a]) and in the interests of justice (CPL 170.40).

The prosecution opposes the application by indicating the movant is not the true defendant in the action. The prosecution contends the proper party is the person arraigned who is not moving to dismiss. Finally, the People seek amendment of the simplified information to change the name of the…

2Cases cited8 opinions

  1. People v. NuccioNew York Court of Appeals · 1991
  2. People v. . JohnsonNew York Court of Appeals · 1887
  3. People v. GanettAppellate Division of the Supreme Court of the State of New York · 1979
  4. People v. TwineCriminal Court of the City of New York · 1983
  5. People v. PacificoCriminal Court of the City of New York · 1980

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

3Cited by1 opinion

  1. People v. IqbalAppellate Terms of the Supreme Court of New York · 2011

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