Legal Opinion
People v. Machado
Criminal Court of the City of New York
Decided August 11, 1999PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Joseph J. Dawson, J.
CPL 140.45 requires a local criminal court to dismiss an ac*195cusatory instrument when it is facially insufficient (see, CPL 100.40) and when “the court is satisfied that on the basis of the available facts or evidence it would be impossible to draw and file an accusatory instrument which is sufficient on its face.” (See, CPL 140.45.) Beyond restricting this dismissal power to cases involving warrantless arrests (see, CPL 140.45, citing CPL 140.20, 140.25, 140.40), the statute is silent regarding the procedural rules that govern a court’s power to inspect…
2Cases cited10 opinions
- Gerstein v. PughSupreme Court of the United States · 1975
- County of Riverside v. McLaughlinSupreme Court of the United States · 1991
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- People v. DumasNew York Court of Appeals · 1986
- People v. CintronNew York Court of Appeals · 1990
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. HernandezNew York Court of Appeals · 2002
- People v. MartiniCriminal Court of the City of New York · 2012