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Legal Opinion

People v. Davino

Appellate Terms of the Supreme Court of New York

Decided March 20, 1975PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Order dismissing information unanimously reversed on the law and information reinstated.

*48A Supreme Court Grand Jury directed, after a presentment on three felony charges, that a prosecutor’s information be filed charging defendants with the misdemeanor of unlawful imprisonment in the second degree (Penal Law, § 135.05). After the filing of the information, defendants’ motion for a preliminary hearing was granted. The court below dismissed the information when the People refused to participate in the hearing.

CPL 170.75, which provides for preliminary hearings in…

2Cases cited3 opinions

  1. Miranda v. IsseksAppellate Division of the Supreme Court of the State of New York · 1973
  2. People v. McClaffertyCriminal Court of the City of New York · 1973
  3. People v. RobinsonCriminal Court of the City of New York · 1974

3Cited by1 opinion

  1. In re Robert G.New York City Family Court · 1983

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