Legal Opinion
People v. Fox
New York County Courts
Decided December 31, 1997PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Frank A. Gulotta, Jr., J.
The defendant, through his attorney, moves this court to dismiss the indictment against him herein or, in the alternative, for an order requiring the People to present its case to a new Grand Jury in the event that the defendant is found competent at a later time.
The defendant predicates his motion upon his counsel’s arguments that CPL 730.40 (3), which allows the People to present charges to a Grand Jury against a defendant whose mental competency is being examined pursuant to court order or against a defendant who has been adjudicated mentally…
2Cases cited21 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Roe v. WadeSupreme Court of the United States · 1973
- San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
- Zinermon v. BurchSupreme Court of the United States · 1990
16 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. PadinNew York Supreme Court · 2000
- People v. OnyeaborNew York Supreme Court · 2005