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Legal Opinion

People v. Kotler

Criminal Court of the City of New York

Decided October 28, 1988PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Joel M. Goldberg, J.

The issue before the court on the defendants’ motion to dismiss for facial insufficiency of the information is whether causing danger to "tenants and visitors” of a multiple dwelling by failing to make required repairs constitutes the crime of criminal nuisance which, pursuant to Penal Law § 240.45 (1), requires that danger be caused to "a considerable number of persons”. (See, CPL 100.40, 170.35.)

the facts

The defendants, alleged owners of an apartment building at *676532 Lefferts Avenue in Brooklyn, are charged in an information with criminal nuisance…

2Cases cited9 opinions

  1. People v. AlejandroNew York Court of Appeals · 1987
  2. People v. RubenfeldNew York Court of Appeals · 1930
  3. People v. Brooklyn & Queens Transit Corp.New York Court of Appeals · 1940
  4. State v. Waterloo Stock Car Raceway, Inc.New York Supreme Court · 1978
  5. People v. CooperAppellate Division of the Supreme Court of the State of New York · 1922

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3Cited by2 opinions

  1. People v. Griswald, New York County Courts1996
  2. People v. KotlerCriminal Court of the City of New York · 1989

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