People v. Johnson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: County Court properly denied defendant’s motion to dismiss for insufficiency the second count of the indictment charging sexual abuse in the first degree. The standard for determining whether the description of an offense is sufficiently precise is one of reasonableness, and it is usually sufficient to charge the language of the statute (see, People v Iannone, 45 NY2d 589, 599). Defendant did not object to the failure of the People to amplify the language of the indictment in their bill of particulars, and thus failed to preserve that issue for…
2Cases cited9 opinions
- People v. IannoneNew York Court of Appeals · 1978
- People v. WilletteAppellate Division of the Supreme Court of the State of New York · 1985
- People v. LeonAppellate Division of the Supreme Court of the State of New York · 1985
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1990
- People v. KrouthAppellate Division of the Supreme Court of the State of New York · 1994
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 2014
- People v. RatteladeAppellate Division of the Supreme Court of the State of New York · 1996
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1999
- People v. ContrearasAppellate Division of the Supreme Court of the State of New York · 1996
- People v. HortonAppellate Division of the Supreme Court of the State of New York · 1995
3 more not listed; retrieve them via the Exa API.