Legal Opinion

People v. Friedman

Criminal Court of the City of New York

Decided May 26, 2015Published

1Opinion of the Court

OPINION OF THE COURT

Elisa S. Koenderman, J.

The defendant, Stuart Friedman, is charged by misdemeanor information1 with criminal contempt in the second degree, Penal Law § 215.50 (3). The defendant moves to dismiss, contending that the accusatory instrument is facially insufficient (see CPL 170.30 [1] [a]) and that he has been denied his statutory right to a speedy trial (see CPL 30.30 [1] [b]). Because the information fails to contain nonhearsay factual allegations establishing every element of the offense charged, it is jurisdictionally defective. Moreover, since the accusatory instrument is…

2Cases cited22 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. United States v. CrewsSupreme Court of the United States · 1980
  3. People v. AlejandroNew York Court of Appeals · 1987
  4. People v. CaseyNew York Court of Appeals · 2000
  5. People v. DumasNew York Court of Appeals · 1986

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