Legal Opinion

People v. DeShazo

Nassau County District Court

Decided February 24, 2000PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Ira J. Raab, J.

*720The failure of a local criminal court to comply with the felony complaint “inquiry” reduction process required by CPL 180.50 results in the dismissal of the prosecutor’s information and reinstatement of the felony complaint, even though defense counsel consents to the reduction. The court voices displeasure by the actions of the police in overcharging the defendant with a felony complaint, causing the prosecutor to seek a reduction to a misdemeanor by prosecutor’s information to avoid dismissal for insufficiency.

This is a motion by defendant to dismiss the…

2Cases cited10 opinions

  1. People v. MinorAppellate Terms of the Supreme Court of New York · 1989
  2. People ex rel. Leventhal v. Warden of Rikers IslandAppellate Division of the Supreme Court of the State of New York · 1984
  3. People v. YollesNew York Court of Appeals · 1998
  4. People v. JonesAppellate Terms of the Supreme Court of New York · 1991
  5. People v. YoungCriminal Court of the City of New York · 1984

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3Cited by1 opinion

  1. People v. EnglishCriminal Court of the City of New York · 2001

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