Legal Opinion
People v. Smithtown General Hospital
New York Supreme Court
Decided November 28, 1977PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Joseph J asp an, J.
The defendant, Smithtown General Hospital, demurred to the indictments against it upon the ground that since it was a general partnership it could not be indicted and therefor was incapable of pleading to the charges.
This court, holding that demurrers were no longer available as a procedural remedy, directed the clerk to enter pleas of not guilty (CPL 220.50, subd 3) and then elected to consider the motion of defendant as one directed to the dismissal of the indictments (CPL 210.20, subd 1).
The position of the defendant is that it is not an entity…
2Cases cited4 opinions
- Bellis v. United StatesSupreme Court of the United States · 1974
- United States v. a & P Trucking Co.Supreme Court of the United States · 1958
- People v. Joseph, New York County Courts1958
- Lewis v. HynesNew York Supreme Court · 1975
3Cited by5 opinions
- People v. Highgate LTC Management, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Long Island Home Ltd. v. WhalenAppellate Division of the Supreme Court of the State of New York · 1978
- People v. Newspaper & Mail Deliverers' UnionNew York Supreme Court · 1996
- People v. Lessoff & BergerNew York Supreme Court · 1994
- Opn. No., New York Attorney General Reports1990