Legal Opinion
People v. Davis
New York Court of Appeals
Decided October 25, 2011PublishedCited by 11 opinions
1Opinion of the Court
*636OPINION OF THE COURT
Pigott, J.
The primary issue on these appeals is whether the People’s withdrawal of their case from the first grand jury presentation due to witness unavailability constituted the functional equivalent of a dismissal pursuant to CPL 190.75 and our holding in People v Wilkins (68 NY2d 269 [1986]). We conclude that under the circumstances of each case it did not.
I
The assault charges lodged against defendants Makeda Davis and Payola McIntosh stem from a June 11, 2006 altercation at a nightclub allegedly instigated by Davis and joined in by McIntosh resulting in Lynn Walker…
2Cases cited5 opinions
- People v. WilkinsNew York Court of Appeals · 1986
- People v. GelmanNew York Court of Appeals · 1999
- People v. SantmyerAppellate Division of the Supreme Court of the State of New York · 1998
- People v. MontanezNew York Court of Appeals · 1997
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by11 opinions
- People v. MannersAppellate Division of the Supreme Court of the State of New York · 2023
- People v. YoungAppellate Division of the Supreme Court of the State of New York · 2021
- People v. AllenNew York Court of Appeals · 2018
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2012
- CARR, JAMES L., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
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