Legal Opinion

People v. Yaghoubi

New York District Court

Decided October 6, 2005PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Edward A. Maron, J.

The defendant moves for an order (1) dismissing the accusa*407tory instrument pursuant to CPL 210.20 (1) (e),1 upon the ground that this prosecution is barred by reason of a previous prosecution pursuant to CPL 40.20; (2) dismissing the accusatory instrument pursuant to CPL 170.30 (1) (c) and (f),2 as a legal impediment to prosecution exists which prohibits the commencement of this action; and (3) dismissing the action pursuant to CPL 30.30 (1) (b), upon the grounds that the defendant has been denied his right to a speedy trial.

I. Procedural and Factual…

2Cases cited4 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Frierson v. GoldstonAppellate Division of the Supreme Court of the State of New York · 2004
  3. De Canzio v. KennedyAppellate Division of the Supreme Court of the State of New York · 1979
  4. Kelly v. BruhnAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by1 opinion

  1. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2020

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