Legal Opinion

People v. Shields

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1989PublishedCited by 10 opinions

1Opinion of the Court

— Judgment unanimously affirmed. Memorandum: Defendant was charged in a felony complaint with robbery in the first degree and other crimes. While the felony complaint was pending in Rochester City Court, but before the case was presented to a Grand Jury, an order was entered in Monroe County Court compelling defendant to appear in a lineup. Defendant contends that County Court lacked jurisdiction because CPL 240.40 (2) does not authorize entry of such an order when a felony complaint is the pending accusatory instrument. The argument is without merit, and we reject decisions at nisi prius…

2Cases cited4 opinions

  1. In re of an Investigation into the Death of Jon L.New York Court of Appeals · 1982
  2. People v. LondonAppellate Division of the Supreme Court of the State of New York · 1986
  3. Pidgeon v. RubinAppellate Division of the Supreme Court of the State of New York · 1981
  4. People v. Steiner, New York County Courts1980

3Cited by10 opinions

  1. In re an Investigation of ThomasNew York Supreme Court · 2001
  2. People v. MurrayNew York Supreme Court · 2016
  3. People v. PastoriosAppellate Division of the Supreme Court of the State of New York · 2000
  4. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2002
  5. People v. WilsonNew York Supreme Court · 2002

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