Legal Opinion

People v. Figueroa

Appellate Terms of the Supreme Court of New York

Decided May 24, 2017PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Order, dated May 23, 2016, affirmed.

The information charging defendant with possessing a “black pump shotgun” without the requisite permit/certificate of registration (see Administrative Code of City of NY §§ 10-303, 10-304) was jurisdictionally defective, since it lacked the necessary nonhearsay allegations which would establish, “if true, every element of the offense charged and the defendant’s commission thereof” (CPL 100.40 [1] [c]; 100.15 [3]; see People v Alejandro, 70 NY2d 133 [1987]). In particular, the deponent police officer’s sworn statement that his “search” of…

3Cases cited6 opinions

  1. People v. AlejandroNew York Court of Appeals · 1987
  2. People v. CaseyNew York Court of Appeals · 2000
  3. People v. CratsleyNew York Court of Appeals · 1995
  4. People v. JonesNew York Court of Appeals · 2007
  5. Arias v. Skyline Windows, Inc.Appellate Division of the Supreme Court of the State of New York · 2011

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

4Cited by1 opinion

  1. People v. Velazquez (Justin)Appellate Terms of the Supreme Court of New York · 2020

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