Legal Opinion
People v. Prudent
Criminal Court of the City of New York
Decided March 14, 1989PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
L. Priscilla Hall, J.
The defendant is charged with attempted sexual misconduct, sexual misconduct and sexual abuse in the third degree in violation of sections 110.00/130.20, 130.20 and 130.55 of the Penal Law.
*51He has made this motion to have the accusatory instrument dismissed alleging that it is jurisdictionally defective. The defendant contends that pursuant to CPL 130.00 (2) and (4) the crimes charged require the People to prove that the parties are not married to each other. Since they are in fact legally married and were living together in their marital abode at the…
2Cases cited4 opinions
- People v. EboliNew York Court of Appeals · 1974
- People v. LibertaNew York Court of Appeals · 1984
- People v. De Stefano, New York County Courts1983
- Liberta v. KellyDistrict Court, W.D. New York · 1987
3Cited by1 opinion
- People v. HorvathAppellate Division of the Supreme Court of the State of New York · 1992