Legal Opinion

In re Christopher M.

New York City Family Court

Decided October 18, 2010PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Lee H. Elkins, J.

Respondent Christopher M. submits that the two charges in the petition, unlawful assembly and riot in the second degree, are facially insufficient and therefore the petition against him should be dismissed. Petitioner contends that the facts alleged in the petition are sufficient to establish each element of the crimes charged and the respondent’s commission thereof, and therefore the petition should not be dismissed.

The petition and the supporting deposition allege the following facts. At approximately 3:10 p.m. on June 2, 2010, police responded to a…

2Cases cited9 opinions

  1. Brandenburg v. OhioSupreme Court of the United States · 1969
  2. People v. La BelleNew York Court of Appeals · 1966
  3. People Ex Rel. Morriale v. BranhamNew York Court of Appeals · 1943
  4. People v. GarfieldUtica City Court · 1970
  5. In re Donovan B.Appellate Division of the Supreme Court of the State of New York · 2000

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3Cited by1 opinion

  1. In re Christopher M.Appellate Division of the Supreme Court of the State of New York · 2012

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