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Legal Opinion

People v. Malone

Criminal Court of the City of New York

Decided July 29, 1988PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

L. Priscilla Hall, J.

The defendant’s motion to dismiss on speedy trial grounds is hereby denied.

The defense asserts that the People cannot be ready for trial because the misdemeanor complaint was never properly converted to an information due to defective verification of the supporting deposition.

The substance of the defendant’s argument is that the complaining witness, who is 13 years of age, signed a supporting deposition under penalty of perjury, for which a child under 16 cannot be criminally prosecuted due to the defense of infancy under Penal Law § 30.00.

In People v…

2Cases cited4 opinions

  1. People v. KendziaNew York Court of Appeals · 1985
  2. People v. AndersonNew York Court of Appeals · 1985
  3. People v. KingCriminal Court of the City of New York · 1988
  4. People v. PierreCriminal Court of the City of New York · 1988

3Cited by6 opinions

  1. People v. PhillipeCriminal Court of the City of New York · 1989
  2. People v. WiggansCriminal Court of the City of New York · 1988
  3. In re David C.New York City Family Court · 1989
  4. People v. ClarkeCriminal Court of the City of New York · 1994
  5. In re Henry M.New York City Family Court · 1991

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