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Legal Opinion

People v. Pinto

Mount Vernon City Court

Decided September 29, 1976PublishedCited by 6 opinions

1Opinion of the CourtIrving B. Kendall, J.

A misdemeanor complaint is an accusatory instrument filed with a local criminal court charging a person with a crime (CPL 100.10). It serves as the basis for commencement of a criminal action, permitting court arraignment and temporary control over the defendant’s person where there is as yet no prima facie case.

However, a misdemeanor complaint is not designed for prosecution purposes and a defendant is not required to plead to a misdemeanor complaint and cannot be tried thereon unless he consents. (CPL 170.65, subds 1 and 3.)

By statute (CPL 100.10, subd 1; CPL 170.65, subd 1) a defendant has…

2Cases cited6 opinions

  1. People v. WeinbergNew York Court of Appeals · 1974
  2. People v. ConoscentiNew York District Court · 1975
  3. People v. JamesNew York Court of Appeals · 1958
  4. People v. JeffriesNew York Court of Appeals · 1967
  5. Brown v. GrantCourt of Appeals of Texas · 1928

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. People v. ArturoCriminal Court of the City of New York · 1984
  2. People v. RichbergCriminal Court of the City of New York · 1984
  3. People v. AdornoCriminal Court of the City of New York · 1984
  4. People v. CampbellCriminal Court of the City of New York · 1988
  5. People v. KaidCriminal Court of the City of New York · 1995

1 more not listed; retrieve them via the Exa API.

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