Legal Opinion
People v. Holmes
New York Court of Appeals
Decided April 29, 1999PublishedCited by 36 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Term should be reversed and the matter remitted to that court for determination of the facts (CPL 470.25 [2] [d]; 470.40 [2] [b]).
Charged with petit larceny for shoplifting in a department store, defendant was arraigned on an information verified by complainant, the store detective who apprehended her. The accusatory part of the information begins with complainant’s name (“being duly sworn, deposes and says”), describes the acts constituting a violation of Penal Law § 155.25, and closes with a printed jurat reading “Subscribed and…
2Cases cited2 opinions
- In re Edward B.New York Court of Appeals · 1992
- People v. StewartNew York Court of Appeals · 1998
3Cited by36 opinions
- Jones v. 414 Equities LLCAppellate Division of the Supreme Court of the State of New York · 2008
- McCormick v. 257 W. Genesee, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Cordeiro v. TS Midtown Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Verel v. Ferguson Electric Construction Co.Appellate Division of the Supreme Court of the State of New York · 2007
- Crimi v. Neves AssociatesAppellate Division of the Supreme Court of the State of New York · 2003
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