Legal Opinion

People v. Campbell

Criminal Court of the City of New York

Decided October 7, 1988PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Harold Beeler, J.

The issue here, of apparent first impression, is whether a defendant who enters a plea of guilty to a misdemeanor complaint thereby waives any challenge to the facial sufficiency of the accusatory instrument to which he has pleaded. More specifically, this court must determine whether the requirement in CPL 100.15 (3) and 100.40 (4) (b) that a misdemeanor complaint allege "facts of an evidentiary character” providing "reasonable cause to believe that the defendant committed the offense charged” is a jurisdictional prerequisite which cannot be waived, even…

2Cases cited12 opinions

  1. People v. AlejandroNew York Court of Appeals · 1987
  2. People v. SelikoffNew York Court of Appeals · 1974
  3. People v. FrederickNew York Court of Appeals · 1978
  4. People v. DumasNew York Court of Appeals · 1986
  5. People v. CaseNew York Court of Appeals · 1977

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3Cited by2 opinions

  1. People v. KaidCriminal Court of the City of New York · 1995
  2. In re Michael S.New York City Family Court · 1990

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