Legal Opinion
People v. Abajian
New York Justice Court
Decided January 5, 1989PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Daniel Markewich, J.
This is a motion to dismiss a simplified traffic information pursuant to CPL 170.30 (1) (a) and 170.35 (1) (a) on the ground that it is not sufficient on its face within the requirements of CPL 100.40 (2). The motion raises two interesting questions of particular significance to criminal litigation in the Justice Courts. First, in a court where neither the District Attorney nor the Village Attorney handles traffic infractions, who if anyone, as the "prosecutor” for "the People,” must be served with a motion to dismiss the simplified information?…
2Cases cited34 opinions
- People v. KeyNew York Court of Appeals · 1978
- Della Pietra v. StateNew York Court of Appeals · 1988
- Read v. SaccoAppellate Division of the Supreme Court of the State of New York · 1975
- People v. Van SickleNew York Court of Appeals · 1963
- Darvin M. v. JacobsNew York Court of Appeals · 1987
29 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. RossiJustice Court of Village of Muttontown · 1992
- People v. KurtzCriminal Court of the City of New York · 1998
- People v. JacksonNew York Supreme Court · 1989
- People v. SpiegelmanKensington Village Court · 1989
- People v. FurstWhite Plains City Court · 2003