Legal Opinion

People v. Derisi

New York District Court

Decided September 8, 1981PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Alfred M. Lama, J.

The defendant is charged with harassment (Penal Law, § 240.25, subd 1) and moves to vacate the order of protection granted, ex parte, at the request of his wife, the complainant. The question presented is whether the defendant is entitled to a hearing to determine the propriety of continuing the order of protection until the trial of this action.

One who is deprived of a property right must be afforded an opportunity to be heard at a meaningful time and in a meaningful manner (Barry v Barchi, 443 US 55; Armstrong v Manzo, 380 US 545; Matter of Jones v…

2Cases cited6 opinions

  1. Fuentes v. ShevinSupreme Court of the United States · 1972
  2. Armstrong v. ManzoSupreme Court of the United States · 1965
  3. Barry v. BarchiSupreme Court of the United States · 1979
  4. Jones v. BermanNew York Court of Appeals · 1975
  5. People v. Terrell, New York County Courts1970

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

3Cited by5 opinions

  1. People v. FormanCriminal Court of the City of New York · 1989
  2. People v. KoertgeNassau County District Court · 1998
  3. People v. ScottNew York Supreme Court · 2003
  4. People v. StevensOswego City Court · 1986
  5. People v. MeggieNassau County District Court · 2000

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