Legal Opinion
People v. Guzman
Criminal Court of the City of New York
Decided November 30, 2004PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Ellen M. Coin, J.
Defendant is charged with criminal possession of marijuana in the fifth degree (in violation of Penal Law § 221.10 [1]) and unlawful possession of marijuana (in violation of Penal Law § 221.05). By omnibus motion he moves, inter alia, for an order *554dismissing the charge of Penal Law § 221.10 (1) for facial insufficiency.
An information is facially sufficient if it contains facts of an evidentiary character tending to support the charges. (CPL 100.15 [3]; People v Dumas, 68 NY2d 729 [1986].) Furthermore, the information must contain nonhearsay allegations…
2Cases cited8 opinions
- People v. AlejandroNew York Court of Appeals · 1987
- People v. DumasNew York Court of Appeals · 1986
- People v. McNamaraNew York Court of Appeals · 1991
- People v. MorganAppellate Division of the Supreme Court of the State of New York · 2004
- People v. PeltCriminal Court of the City of New York · 1993
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. FinchNassau County District Court · 2008
- People v. CarterJustice Court of Town of Ossining · 2014