People v. Dove
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Peters, J.R
Defendant was indicted for assault in the second degree after he punched a fellow inmate in the face at the Broome County Jail. Convicted following a jury trial, he now appeals.
Defendant claims that he was denied a fair trial because the indictment referenced his confinement in a correctional facility and the procedures set forth in CPL 200.60 were not followed. CPL 200.60 (1) provides that “[w]hen the fact that the defendant has been previously convicted of an offense raises an offense of lower grade to one of higher grade and thereby becomes an element of the latter, an…
2Cases cited14 opinions
- People v. GrayNew York Court of Appeals · 1995
- People v. ChiddickNew York Court of Appeals · 2007
- People v. CooperNew York Court of Appeals · 1991
- People v. StearnsAppellate Division of the Supreme Court of the State of New York · 2010
- People v. FosterAppellate Division of the Supreme Court of the State of New York · 2008
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. FisherAppellate Division of the Supreme Court of the State of New York · 2011
- People v. SpratleyAppellate Division of the Supreme Court of the State of New York · 2012
- People v. RoweAppellate Division of the Supreme Court of the State of New York · 2013
- People v. BoydAppellate Division of the Supreme Court of the State of New York · 2012
- People v. BurgessAppellate Division of the Supreme Court of the State of New York · 2011
6 more not listed; retrieve them via the Exa API.