Legal Opinion

People v. Vial

Criminal Court of the City of New York

Decided May 12, 1986PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Max Sayah, J.

May a Criminal Court Judge authorize and permit the attorney for a complaining witness to act as the prosecutor against a defendant charged with a criminal violation of a petty offense? In a case of apparent first impression, we hold that under the facts of this case the court acts within its power when it authorizes the People of the State of New York to be represented by a private attorney.

The defendant James Vial is charged with the offense of harassment, in violation of Penal Law § 240.25. He has moved to dismiss the charge against him on two grounds…

2Cases cited21 opinions

  1. People v. SavvidesNew York Court of Appeals · 1956
  2. Schumer v. HoltzmanNew York Court of Appeals · 1983
  3. Cardinale v. GolinelloNew York Court of Appeals · 1977
  4. People v. JelkeNew York Court of Appeals · 1954
  5. People v. ZimmerNew York Court of Appeals · 1980

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

3Cited by11 opinions

  1. People v. CarterNew York Court of Appeals · 1990
  2. Holtzman v. HellenbrandAppellate Division of the Supreme Court of the State of New York · 1987
  3. Chang v. RotkerAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. CalderoneCriminal Court of the City of New York · 1991
  5. People v. AbajianNew York Justice Court · 1989

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

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