Legal Opinion
People v. Aviles
New York Supreme Court
Decided January 3, 1977PublishedCited by 6 opinions
1Opinion of the CourtIrving Lang, J.
The defendant, charged with rape in the first degree (Penal Law, § 130.35), rape in the third degree (Penal Law, § 130.25), and possession of a weapon as a felony (Penal Law, art 265), moves for a dismissal of the indictment on the grounds that a transcript of a preliminary hearing relating to the instant indictment is not available to him for use at trial, thereby depriving him of "a fair trial and due process of law.”
In the alternative, defendant moves that any witness who testified at the preliminary hearing be barred from testifying at trial.
On September 14, 1973, defendant was arrested…
2Cases cited19 opinions
- Jencks v. United StatesSupreme Court of the United States · 1957
- People v. RosarioNew York Court of Appeals · 1961
- United States v. AugenblickSupreme Court of the United States · 1969
- People v. RiveraNew York Court of Appeals · 1976
- People v. BellAppellate Division of the Supreme Court of the State of New York · 1971
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3Cited by6 opinions
- People v. KellyNew York Court of Appeals · 1984
- People v. Emmons, New York County Courts1979
- People v. DayNew York District Court · 1979
- People v. EarlAppellate Division of the Supreme Court of the State of New York · 1990
- People v. SteeleNew York Supreme Court · 1987
1 more not listed; retrieve them via the Exa API.