Legal Opinion

People v. Kleber

Justice Court of Village of Muttontown

Decided February 8, 1996PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Martin I. Kaminsky, J.

Before the court is defendant’s motion to dismiss the information herein, on the grounds that the People have not brought the case to trial in the speedy fashion provided for in CPL 30.30 and that section 1420.04 of the General Ordinance of the Village of Muttontown is unconstitutional. The motion raises novel and complex issues, including: (1) whether such a village ordinance is subject to the Speedy Trial Act and (2) how to reconcile and apply prior decisions over the constitutionality of noise and related public nuisance ordinances. For the reasons…

2Cases cited79 opinions

  1. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
  2. Roth v. United StatesSupreme Court of the United States · 1957
  3. Connally v. General Construction Co.Supreme Court of the United States · 1926
  4. Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
  5. Central Bank of Denver, N. A. v. First Interstate Bank of Denver, N. A.Supreme Court of the United States · 1994

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3Cited by6 opinions

  1. Town of Baldwin v. CarterSupreme Judicial Court of Maine · 2002
  2. People v. FrieSuffolk County District Court · 1996
  3. People v. DonatoNew Rochelle City Court · 1998
  4. People v. ScherbnerJustice Court of Village of Muttontown · 2008
  5. People v. DoxeyJustice Court of Village of Muttontown · 2013

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