Legal Opinion

People v. Patterson

Criminal Court of the City of New York

Decided September 26, 1990PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Michael A. Gary, J.

CPL 170.50* provides two grounds for dismissal by a local criminal court of a prosecutor’s information filed at the direction of a Grand Jury: first, because the evidence before the Grand Jury was legally insufficient (CPL 170.50 [1] [a]) and second, because the Grand Jury proceeding was defective (CPL 170.50 [1] [b]).

Defendants Franklin and Nixon Patterson allege that the prosecutor’s informations filed against them required dismissal on the first ground (legal insufficiency). In addition, *530they claim that if they are correct, CPL 170.50 also requires…

2Cases cited5 opinions

  1. Brotherton v. . the PeopleNew York Court of Appeals · 1878
  2. People v. DykesAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. WilliamsNew York Court of Appeals · 1989
  4. People v. Whalen, New York County Courts1960
  5. People v. ThomasSuffolk County District Court · 1981

3Cited by2 opinions

  1. People v. GriffithCriminal Court of the City of New York · 2008
  2. People v. LivotiNew York Supreme Court · 1995

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