Legal Opinion
People v. Benoit
Criminal Court of the City of New York
Decided July 25, 1991PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Michael A. Gary, J.
At issue is whether a private prosecution for a crime, after *116the District Attorney’s office declines to prosecute, constitutes a violation of the defendant’s rights to due process and equal protection, and, consequently, whether New York City Criminal Court Act § 50, as applied here, is unconstitutional.
I. PROCEDURAL HISTORY
On February 8, 1991, an altercation occurred between the defendant, Martine Benoit, and her landlord, Marie Franck, at Ms. Franck’s house where both parties lived. On that date, Marie Franck was arrested by the police and charged in a…
2Cases cited20 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Berger v. United StatesSupreme Court of the United States · 1935
- People v. RanghelleNew York Court of Appeals · 1986
- People v. P. J. Video, Inc.New York Court of Appeals · 1986
- People v. ZimmerNew York Court of Appeals · 1980
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3Cited by3 opinions
- Eisenberg v. District Attorney of County of KingsDistrict Court, E.D. New York · 1994
- Sedore v. EpsteinAppellate Division of the Supreme Court of the State of New York · 2008
- People v. GarfieldClarkstown Justice Court · 1991