Legal Opinion
People v. Clymer
Amsterdam City Court
Decided June 14, 2010Published
1Opinion of the Court
*857OPINION OF THE COURT
Howard M. Aison, J.
Defendant was charged by an accuser, without any police or prosecutorial assistance or approval, with stalking in the fourth degree. He was arraigned on December 8, 2009 and entered a plea of not guilty. By notice of motion dated April 2, 2010 the defendant moves to dismiss the accusatory instrument contending that the accuser had no right to self charge. By affirmation in opposition of April 20, 2010 the People oppose the motion.
Two cases that defendant has cited support his position. The Criminal Court of the City of New York held that an accuser may…
2Cases cited7 opinions
- Della Pietra v. StateNew York Court of Appeals · 1988
- People v. HardingAppellate Division of the Supreme Court of the State of New York · 1974
- Industrial Development Foundation of Auburn, New York, Inc. v. United States Hoffman Machinery Corp.New York Supreme Court · 1958
- Maynard v. ShankerNew York City Family Court · 1969
- People v. CalderoneCriminal Court of the City of New York · 1991
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