Legal Opinion
People v. Scalza
Appellate Division of the Supreme Court of the State of New York
Decided December 4, 1989PublishedCited by 1 opinion
1Opinion of the CourtHooper, J.
The principal issue on this appeal is whether CPL 255.20 (4), which authorizes references to Judicial Hearing Officers in pretrial criminal matters, constitutes an impermissible delegation of the County Court’s jurisdiction to unelected, nonjudicial State employees in violation of the New York State Constitution (see, NY Const, art VI, §§ 10, 11). For the following reasons, we reject the defendant’s constitutional challenge and, accordingly, affirm the judgment appealed from.
I
Insofar as pertinent, the record reveals that the defendant was arrested after the police discovered a quantity of…
2Cases cited11 opinions
- United States v. RaddatzSupreme Court of the United States · 1980
- A. G. Ship Maintenance Corp. v. LezakNew York Court of Appeals · 1986
- Hotel Dorset Co. v. Trust for Cultural ResourcesNew York Court of Appeals · 1978
- People v. BrightNew York Court of Appeals · 1988
- Cohn v. Borchard AffiliationsNew York Court of Appeals · 1969
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3Cited by1 opinion
- Elpa Bldrs., Inc. v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2021