Legal Opinion

People v. Malon

Criminal Court of the City of New York

Decided August 29, 1995Published

1Opinion of the Court

OPINION OF THE COURT

Charles J. Heffernan, Jr., J.

This case presents the question whether an information charging defendant with one count of an attempt to commit a *424violation of Vehicle and Traffic Law § 415-a (1) (vehicle dismantles and other persons engaged in the transfer or disposal of junk and salvage vehicles) should be dismissed on defendant’s motion that it fails to allege facts which would support such a charge. For the reasons which follow, the motion for dismissal should be denied.

The accusatory instrument reads in relevant part as follows:

"Based upon deponent’s own personal…

2Cases cited12 opinions

  1. New York v. BurgerSupreme Court of the United States · 1987
  2. People v. AlejandroNew York Court of Appeals · 1987
  3. People v. FordNew York Court of Appeals · 1985
  4. People v. ScottNew York Court of Appeals · 1992
  5. People v. BurgerNew York Court of Appeals · 1986

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