Legal Opinion
People v. Dill
New York Court of Special Session
Decided February 25, 1957PublishedCited by 3 opinions
1Opinion of the CourtJoseph J. Kozinn, J.
The defendant herein, by a notice of motion, seeks ‘‘ an order dismissing the information against the defendant.”
Section 313 of the Code of Criminal Procedure provides for setting aside an indictment in the two cases therein specified, “ but in no other.” The defendant’s motion papers (the notice of motion and an accompanying affidavit) do not come within the purview of that section. The affidavit contains the statement that it will be the contention of the defendant that section 1141 of the Penal Law “ as it applies to the publications in the within case, cannot possibly be the basis of a…
2Cases cited14 opinions
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
- Winters v. New YorkSupreme Court of the United States · 1948
- Butler v. MichiganSupreme Court of the United States · 1957
- People v. ZambounisNew York Court of Appeals · 1929
- People v. ReedNew York Court of Appeals · 1937
9 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. RockwellCriminal Court of the City of New York · 1963
- People v. ManasekNew York County Court, Westchester County · 1962
- People v. Richmond County News Co.New York Court of Special Session · 1957