Legal Opinion
People v. Martes
Criminal Court of the City of New York
Decided August 15, 1988PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Joel M. Goldberg, J.
The issue is whether an information is facially sufficient where the factual part only alleges that the defendant was observed "in possession of a quantity of crack/cocaine” without also stating how the defendant possessed it.
For the reasons stated herein, this court finds that there is an absence of factual allegations of an evidentiary character sufficient to provide reasonable cause to believe the defendant *1035committed the crime charged. Therefore, the defendant’s motion to dismiss for facial insufficiency is granted.
FACTS
The defendant was originally…
2Cases cited14 opinions
- Gerstein v. PughSupreme Court of the United States · 1975
- People v. IannoneNew York Court of Appeals · 1978
- People v. AlejandroNew York Court of Appeals · 1987
- People v. DumasNew York Court of Appeals · 1986
- People v. ReismanNew York Court of Appeals · 1971
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3Cited by6 opinions
- People v. GoreCriminal Court of the City of New York · 1989
- People v. OrtizAppellate Terms of the Supreme Court of New York · 1990
- State v. JohnsonCourt of Appeals of Washington · 1991
- In re Michael S.New York City Family Court · 1990
- People v. DavisPoughkeepsie City Court · 1996
1 more not listed; retrieve them via the Exa API.