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Legal Opinion

People v. Pelt

Criminal Court of the City of New York

Decided February 23, 1993PublishedCited by 8 opinions

1Opinion of the Court

*91OPINION OF THE COURT

William Garnett, J.

Can factual information contained in a bill of particulars which impeaches the factual allegations contained in an accusatory instrument be considered by a court on a motion to dismiss made pursuant to CPL 170.35 (1) (a)?

The information charges the defendant with menacing, reckless endangerment in the second degree and endangering the welfare of a child. The defense has moved to dismiss each charge for facial insufficiency. On its face, the information alleges that the defendant, an pif-duty police officer, did hold and then fire a revolver "in the…

2Cases cited2 opinions

  1. People v. AlejandroNew York Court of Appeals · 1987
  2. People v. AlexanderCriminal Court of the City of New York · 1990

3Cited by8 opinions

  1. State v. JamesSupreme Court of Iowa · 2005
  2. People v. LimageCriminal Court of the City of New York · 2008
  3. People v. GuzmanCriminal Court of the City of New York · 2004
  4. People v. MuscarneraNew York District Court · 2007
  5. People v. PappasCriminal Court of the City of New York · 1994

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