Legal Opinion

People v. Lemma

New York District Court

Decided February 11, 2013PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Andrew M. Engel, J.

The defendant is charged with official misconduct and obstructing governmental administration in the second degree in violation of Penal Law §§ 195.00 (2) and 195.05, respectively.

The defendant previously moved to dismiss both charges, alleging that the Special District Attorney lacked authority to prosecute, pursuant to County Law § 701, and that the misdemeanor information was defective within the meaning of CPL 170.30 (1) (a), 170.35 and 100.40 (1). By decision and order of this court (Engel, J.) dated March 29, 2011 the court found that the Special…

2Cases cited25 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. People v. CaseyNew York Court of Appeals · 2000
  3. People v. SteinbergNew York Court of Appeals · 1992
  4. People v. CaseNew York Court of Appeals · 1977
  5. People v. LaValleNew York Court of Appeals · 2004

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3Cited by2 opinions

  1. People v. LemmaAppellate Terms of the Supreme Court of New York · 2015
  2. People v. LemmaAppellate Terms of the Supreme Court of New York · 2015

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