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Legal Opinion

People v. Diaz

Criminal Court of the City of New York

Decided January 3, 1990PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Michael J. Obus, J.

Defendant, Richard Diaz, moves to dismiss an information charging him with attempted intimidating a witness in the third degree (Penal Law §§ 110.00, 215.15 [1]) and menacing (Penal Law § 120.15), claiming that the former offense is a "legal impossibility” and the latter is unsupported by the facts alleged in the accusatory instrument. The court is compelled to agree.

I

This criminal proceeding commenced with the filing of a felony complaint, dated November 26, 1988, accusing defendant, inter alia, of the class E felony of intimidating a witness in the…

2Cases cited12 opinions

  1. People v. FrancisNew York Court of Appeals · 1975
  2. People v. ZimmerNew York Court of Appeals · 1980
  3. People v. FosterNew York Court of Appeals · 1967
  4. People v. CampbellNew York Court of Appeals · 1988
  5. People v. DiscalaNew York Court of Appeals · 1978

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

3Cited by8 opinions

  1. People v. PaytonCriminal Court of the City of New York · 1994
  2. People v. Premier House, Inc.Criminal Court of the City of New York · 1997
  3. People v. VegaCriminal Court of the City of New York · 2000
  4. People v. CarrabottaCriminal Court of the City of New York · 2003
  5. People v. SajousNassau County District Court · 1997

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

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