Legal Opinion
People v. Otello
Appellate Division of the Supreme Court of the State of New York
Decided May 29, 1975PublishedCited by 8 opinions
1Opinion of the CourtLarkin, J.
It is undisputed that in each case the defendant waived a preliminary hearing upon a felony complaint in a local criminal court and was subsequently indicted by a Delaware County Grand Jury. It is conceded that the District Attorney gave no notice to any of the defendants or their attorneys of the Grand Jury proceedings which resulted in the respective indictments. Defendants contend that paragraph (a) of subdivision 5 of CPL 190.50 mandates dismissal of these indictments and this was the view of County Court. We disagree.
The Code of Criminal Procedure did not contain any provision requiring…
2Cases cited4 opinions
- People v. TalhamAppellate Division of the Supreme Court of the State of New York · 1973
- People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1973
- People v. Napoli, New York County Courts1971
- People v. Monroe, New York County Courts1973
3Cited by8 opinions
- People v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1982
- People v. Bey-AllahAppellate Division of the Supreme Court of the State of New York · 1987
- People v. HodgesAppellate Division of the Supreme Court of the State of New York · 1998
- People v. WelshAppellate Division of the Supreme Court of the State of New York · 1986
- People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1991
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