Legal Opinion

Cummings v. Koppell

Appellate Division of the Supreme Court of the State of New York

Decided June 8, 1995PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Mercure, J.

Petitioners were indicted in St. Lawrence County in April 1992 for a single count of rape in the first degree as a result of their alleged October 26, 1991 participation in the gang rape of a woman who was incapable of giving consent because she was intoxicated to the point of unconsciousness. Following unsuccessful motions to dismiss the indictment for legal insufficiency and motions by four of the petitioners to suppress inculpatory statements to the police (only petitioner Mariano *13Pistolesi was successful in this effort), in April 1993, approximately one week…

2Cases cited16 opinions

  1. Rush v. MordueNew York Court of Appeals · 1986
  2. People v. BostonNew York Court of Appeals · 1990
  3. Campbell v. PesceNew York Court of Appeals · 1983
  4. Kisloff v. CovingtonNew York Court of Appeals · 1989
  5. Molea v. MarascoNew York Court of Appeals · 1984

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3Cited by6 opinions

  1. Neal v. WhiteAppellate Division of the Supreme Court of the State of New York · 2007
  2. Hoffler v. JaconAppellate Division of the Supreme Court of the State of New York · 2010
  3. Donnaruma v. CarterNew York Supreme Court · 2013
  4. Clute v. McGillAppellate Division of the Supreme Court of the State of New York · 1997
  5. Brown v. City of New YorkDistrict Court, S.D. New York · 1999

1 more not listed; retrieve them via the Exa API.

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