Legal Opinion
People v. Sheltray
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 1997PublishedCited by 38 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant was convicted after a jury trial of the forcible rape, sodomy and sexual abuse of a 29-year-old mentally disabled woman. He contends that the Grand Jury proceedings were defective because the prosecutor administered the oath to the victim in violation of CPL 190.25 (2) and because of other nonjurisdictional errors occurring during the presentment (see, CPL 210.35 [5]). By failing to submit a written motion to dismiss on those grounds within 45 days after arraignment, defendant waived his right to a determination of those issues and failed…
2Cases cited4 opinions
- People v. CareyAppellate Division of the Supreme Court of the State of New York · 1997
- People v. PilloAppellate Division of the Supreme Court of the State of New York · 1990
- People v. JoseyAppellate Division of the Supreme Court of the State of New York · 1994
- People v. RiversAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by38 opinions
- People v. BeyorAppellate Division of the Supreme Court of the State of New York · 2000
- People v. SantmyerAppellate Division of the Supreme Court of the State of New York · 1998
- People v. De VivoAppellate Division of the Supreme Court of the State of New York · 2001
- People v. KellyAppellate Division of the Supreme Court of the State of New York · 2003
- People v. JefferyAppellate Division of the Supreme Court of the State of New York · 2010
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