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Legal Opinion

People v. Fitzgerald

New York Court of Appeals

Decided November 30, 1978PublishedCited by 52 opinions

1Opinion of the Court

OPINION OF THE COURT

Wachtler, J.

The question on this appeal is whether two counts of an indictment which charge the defendant with criminally negligent homicide and assault in the third degree contain sufficient factual allegations to satisfy the requirements of CPL 200.50 (subd 7). The trial court and the Appellate Division found both counts deficient and the People have appealed.

On the evening of December 22, 1975 two teenage girls were struck by a hit-and-run driver in Westchester County. One of the girls, Cara Pollini, immediately died as a result of a broken neck; the other, Susan…

2Cases cited10 opinions

  1. People v. IannoneNew York Court of Appeals · 1978
  2. People v. HaneyNew York Court of Appeals · 1972
  3. People v. FarsonNew York Court of Appeals · 1927
  4. People v. StanfieldNew York Court of Appeals · 1975
  5. People v. CrucianiNew York Court of Appeals · 1975

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

3Cited by52 opinions

  1. People v. AlejandroNew York Court of Appeals · 1987
  2. People v. MorrisNew York Court of Appeals · 1984
  3. People v. MackeyNew York Court of Appeals · 1980
  4. People v. DavisNew York Court of Appeals · 1988
  5. People v. Fitzgerald, New York County Courts1979

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

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