Legal Opinion
People v. Oldham
Criminal Court of the City of New York
Decided November 17, 2016PublishedCited by 1 opinion
1Opinion of the Court
*304OPINION OF THE COURT
Heidi C. Cesare, J.
The defendant, charged by information with one count of criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]), moves to dismiss the information for facial insufficiency pursuant to Criminal Procedure Law §§ 170.30, 170.35 and 100.40. For the reasons stated below, defendant’s motion to dismiss is granted.1
The court also grants the People leave to cure the defect by filing a superseding information within the applicable time restraints (see CPL 30.30).
A. Procedural and Factual Background
On November 19, 2015, the defendant was…
2Cases cited19 opinions
- District of Columbia v. HellerSupreme Court of the United States · 2008
- People v. AlejandroNew York Court of Appeals · 1987
- People v. CaseyNew York Court of Appeals · 2000
- People v. AlmodovarNew York Court of Appeals · 1984
- People v. JohnsonNew York Court of Appeals · 1985
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3Cited by1 opinion
- People v. AbDallaCriminal Court of the City of New York · 2017