Legal Opinion
People v. Motley
Appellate Division of the Supreme Court of the State of New York
Decided July 31, 1986PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Casey, J.
Defendant’s principal contention on appeal is that the indictment charging him with promoting prison contraband in the first degree for possessing a sharpened metal rod approximately 914 inches in length was jurisdictionally defective since the pertinent regulations of the Commissioner of Correctional Services were not filed with the Secretary of State as required by the State Constitution (NY Const, art IV, § 8) and Executive Law § 102.
Defendant’s guilty plea, however, constitutes a waiver of the defect in the indictment asserted by defendant for the first time…
2Cases cited3 opinions
- People v. IannoneNew York Court of Appeals · 1978
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1984
- People v. CraftAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by14 opinions
- People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1987
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 1987
- People v. VegaAppellate Division of the Supreme Court of the State of New York · 2000
- People v. GholstonAppellate Division of the Supreme Court of the State of New York · 1987
- People v. SimmsAppellate Division of the Supreme Court of the State of New York · 1986
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