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Legal Opinion

People v. Gunatilaka

Criminal Court of the City of New York

Decided February 16, 1993PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Arlene D. Goldberg, J.

Is a laboratory report confirming the presence of a noxious material and the operability of the device in which it is contained necessary to support a prosecution under Penal Law § 270.05 (2)?

This issue arises in the context of a motion to dismiss for facial insufficiency pursuant to CPL 170.30 (1) (a). Defendant, who is also charged with criminal contempt in the second degree (Penal Law § 215.50 [3]), seeks a similar order with respect to this count of the information on the ground that the factual allegations fail to establish an intentional…

2Cases cited13 opinions

  1. People v. AlejandroNew York Court of Appeals · 1987
  2. People v. DumasNew York Court of Appeals · 1986
  3. McCormick v. AxelrodNew York Court of Appeals · 1983
  4. Holtzman v. BeattyAppellate Division of the Supreme Court of the State of New York · 1983
  5. People v. BaltAppellate Division of the Supreme Court of the State of New York · 1970

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 2001
  2. People v. GivenniCriminal Court of the City of New York · 2010
  3. People v. WilkersonCriminal Court of the City of New York · 2000
  4. People v. CullinsNew York Supreme Court · 1996
  5. People v. NewtonCriminal Court of the City of New York · 2017

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