Legal Opinion
Simonson v. Cahn
New York Court of Appeals
Decided July 1, 1970PublishedCited by 43 opinions
1Opinion of the Court
Chief Judge Fuld.
On this appeal, we are asked to overturn this State’s settled rule and allow a defendant, charged with a felony, to waive indictment by a grand jury and go to trial on an information filed by the District Attorney.
In October of 1969, informations were filed against Clarence Smith in the District Court of Nassau County accusing him of a misdemeanor—possession of a narcotic drug (Penal Law, § 220.05) — and a felony—possession of a loaded weapon (Penal Law, § 265.05, subd. 2). He was held for the grand jury on the felony charge. However, the District Attorney, wishing to test…
2Cases cited10 opinions
- Williams v. FloridaSupreme Court of the United States · 1970
- Woods v. LancetNew York Court of Appeals · 1951
- People Ex Rel. Battista v. ChristianNew York Court of Appeals · 1928
- People v. . CosmoNew York Court of Appeals · 1912
- Heath v. StateCourt of Appeals of Maryland · 2001
5 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
- Rush v. MordueNew York Court of Appeals · 1986
- People v. IannoneNew York Court of Appeals · 1978
- People v. PelchatNew York Court of Appeals · 1984
- People v. Calbud, Inc.New York Court of Appeals · 1980
38 more not listed; retrieve them via the Exa API.