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Legal Opinion

People v. Fauntleroy

New York County Courts

Decided May 1, 1978PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Gerard E. Delaney, J.

The defendant is charged, via an indictment filed by the *607Westchester County Grand Jury, with the crimes of rape in the first degree (Penal Law, § 130.35, subd 3) and incest (Penal Law, § 255.25). Defendant has. moved by omnibus motion for certain relief, inter alia, discovery and inspection and dismissal of the accusatory instrument.

A. MOTION TO DISMISS THE INDICTMENT

Defendant has alleged that the provisions of subdivision 3 of section 130.35 of the Penal Law are unconstitutional within the meaning of CPL 210.25 (subd 3); that therefore the first count…

2Cases cited5 opinions

  1. People v. EasleyNew York Court of Appeals · 1977
  2. People v. FieldingNew York Court of Appeals · 1976
  3. People v. Reilly, New York County Courts1976
  4. Singer v. . PeopleNew York Court of Appeals · 1878
  5. People v. RiceAppellate Terms of the Supreme Court of New York · 1976

3Cited by10 opinions

  1. Abdulkhaleq Mugalli v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Second Circuit · 2001
  2. People v. BrownAppellate Division of the Supreme Court of the State of New York · 1979
  3. People v. NemadiCriminal Court of the City of New York · 1988
  4. People v. Gonzales, New York County Courts1990
  5. State v. KummerWisconsin Supreme Court · 1981

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