Legal Opinion

People v. Garcia

New York Supreme Court

Decided April 18, 1994PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Joseph Fisch, J.

Defendants stand indicted for the crimes of criminal possession of a controlled substance in the second and third degrees, criminally using drug paraphernalia in the second degree (two counts) and weapons possession charges. They now move to dismiss the indictment on the ground that the Grand Jury proceedings were defective because the prosecutor did not instruct the Grand Jury with sufficient specificity on the element of knowledge of the weight of the controlled substance, citing People v Ryan (82 NY2d 497 [1993]). This court, after reviewing the Grand…

2Cases cited36 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. Stovall v. DennoSupreme Court of the United States · 1967
  4. Griffith v. KentuckySupreme Court of the United States · 1987
  5. Linkletter v. WalkerSupreme Court of the United States · 1965

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3Cited by3 opinions

  1. Cooper v. StateCourt of Criminal Appeals of Oklahoma · 1995
  2. People v. SerranoNew York Supreme Court · 1994
  3. Lavanty v. Nicolinni'sOhio Court of Appeals · 2015

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