People v. Powell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dillon, P. J.
The indictment charged defendant with burglary in the first degree (Penal Law § 140.30 [2]), burglary in the second degree (Penal Law § 140.25 [2]), assault in the second degree (Penal Law § 120.05 [2]) and criminad mischief in the fourth degree (Penal Law § 145.00). He appeals from a judgment convicting him of the assault and criminal mischief counts. The conviction for assault must be reversed because the trial court, at the close of proof, erroneously granted the People’s motion to amend the count of the indictment charging that crime. A dismissal of the…
2Cases cited6 opinions
- People v. IannoneNew York Court of Appeals · 1978
- People of State of New York v. GregaNew York Court of Appeals · 1988
- People v. RubinAppellate Division of the Supreme Court of the State of New York · 1984
- People v. SpannNew York Court of Appeals · 1982
- People v. McDowellNew York Court of Appeals · 1971
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Bienvenido Lanfranco v. Timothy Murray, Superintendent, Groveland Correctional FacilityCourt of Appeals for the Second Circuit · 2002
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1990
- People v. OrsoAppellate Division of the Supreme Court of the State of New York · 2000
- People v. GachelinAppellate Division of the Supreme Court of the State of New York · 1997
- People v. OrtizAppellate Division of the Supreme Court of the State of New York · 1994
22 more not listed; retrieve them via the Exa API.