Legal Opinion

People v. Kane

Appellate Terms of the Supreme Court of New York

Decided August 24, 2017PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Ordered that the order is modified, on the law, by providing that the branch of defendant’s motion seeking to dismiss the restored felony complaint is denied; as so modified, the order is affirmed, and the matter is remitted to the Justice Court for a hearing upon the felony complaint.

Defendant was charged in a felony complaint with assault in the second degree (Penal Law § 120.05). Subsequently, the People made an application, pursuant to CPL 180.50, to reduce the felony complaint and file a new accusatory instrument that charged defendant with assault in the…

2Cases cited7 opinions

  1. People v. MinorAppellate Terms of the Supreme Court of New York · 1989
  2. People ex rel. Leventhal v. Warden of Rikers IslandAppellate Division of the Supreme Court of the State of New York · 1984
  3. People v. YollesNew York Court of Appeals · 1998
  4. People v. YoungCriminal Court of the City of New York · 1984
  5. People v. GruneAppellate Terms of the Supreme Court of New York · 1995

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3Cited by1 opinion

  1. People v. Bhagat (Sunil)Appellate Terms of the Supreme Court of New York · 2019

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