Legal Opinion
People v. Sylvester
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 1998PublishedCited by 5 opinions
1Opinion of the Court
Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Supreme Court for further proceedings on the indictment. Memorandum: Supreme Court erred in granting defendant’s motion to dismiss the indictment on the ground that the evidence before the Grand Jury was legally insufficient to support the charges of assault in the second degree (Penal Law § 120.05 [3]). On a motion to dismiss an indictment under CPL 210.20 (1) (b), the sufficiency of the People’s presentation “is properly determined by inquiring whether the evidence [,] viewed in the light most…
2Cases cited11 opinions
- People v. JenningsNew York Court of Appeals · 1986
- People v. SwampNew York Court of Appeals · 1995
- People v. JensenNew York Court of Appeals · 1995
- People v. MayoNew York Court of Appeals · 1975
- People v. SabellaNew York Court of Appeals · 1974
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. WigginsAppellate Division of the Supreme Court of the State of New York · 1999
- People v. GianniAppellate Division of the Supreme Court of the State of New York · 2009
- People v. GoldenAppellate Division of the Supreme Court of the State of New York · 2003
- People v. HillNew York Supreme Court, Queens County · 2025
- People v. PriceAppellate Division of the Supreme Court of the State of New York · 2001