Legal Opinion
People v. Serrano
New York Supreme Court
Decided May 10, 1983PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Richard J. Goldman, J.
Defendant, as part of his omnibus motion, moves for an order dismissing counts Nos. 3 and 4 of the indictment on the grounds that they are based upon the same offense as charged in count No. 1 and constitute separate prosecutions based upon the same criminal transaction, thereby violating CPL 40.20.
The defendant was indicted for the crimes of criminal possession of a weapon, second degree (count No. 1); criminal possession of a weapon, third degree (count No. 2), and criminal use of a firearm, second degree (counts Nos. 3 and 4).
Fundamental to our…
2Cases cited14 opinions
- Ashe v. SwensonSupreme Court of the United States · 1970
- Benton v. MarylandSupreme Court of the United States · 1969
- People v. EboliNew York Court of Appeals · 1974
- People v. DiscalaNew York Court of Appeals · 1978
- People v. AbbamonteNew York Court of Appeals · 1977
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3Cited by6 opinions
- People v. BonesAppellate Division of the Supreme Court of the State of New York · 1984
- People v. HorneNew York Supreme Court · 1983
- People v. CrislerAppellate Division of the Supreme Court of the State of New York · 2000
- People v. CrislerAppellate Division of the Supreme Court of the State of New York · 2003
- Lee v. BellDistrict Court, S.D. New York · 2023
1 more not listed; retrieve them via the Exa API.