Legal Opinion
People v. Mulligan
New York Supreme Court
Decided April 14, 1988PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
William J. Davis, J.
The defendant is charged, inter alia, with criminal possession of stolen property in the third degree, in violation of Penal Law § 165.50. He has moved to dismiss the indictment, pursuant to CPL 30.30 (1) (a) and 210.30 (l).1 This case presents the novel issue of whether the People, after reducing a felony complaint to a misdemeanor complaint, may subsequently indict the defendant, after the Criminal Court has dismissed the misdemeanor complaint, pursuant to CPL 30.30 (5) (c). Further, may the indictment proscribe the same con*1035duct as was at issue in the…
2Cases cited5 opinions
- People v. Butor, New York County Courts1973
- People v. VasquezNew York Supreme Court · 1986
- People v. ChandlerCriminal Court of the City of New York · 1981
- People v. Jacquin, New York County Courts1985
- People v. RamkissonNew York Supreme Court · 1982
3Cited by4 opinions
- Chang v. RotkerAppellate Division of the Supreme Court of the State of New York · 1990
- People v. MatuteCriminal Court of the City of New York · 1988
- People v. RiveraCriminal Court of the City of New York · 1989
- People v. PerezNew York Supreme Court · 1990