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Legal Opinion

People v. Alvarez

Criminal Court of the City of New York

Decided October 31, 1988PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Emily Jane Goodman, J.

BACKGROUND

This case involves a prosecution based solely upon state*687ments attributed to the defendant by the deponent, a police officer. The defendant is charged with unauthorized use of a vehicle (Penal Law § 165.05 [1]) and criminal possession of stolen property (Penal Law § 165.40). He moves to dismiss the charges for facial insufficiency, arguing that absent his statements there are no facts to support that a crime has been committed.

THE ACCUSATORY INSTRUMENT

The information* reads in pertinent part as follows:

"[D]eponent observed defendant driving…

2Cases cited11 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. People v. HuntleyNew York Court of Appeals · 1965
  3. People v. AlejandroNew York Court of Appeals · 1987
  4. People v. MurrayNew York Court of Appeals · 1976
  5. In re Rodney J.Appellate Division of the Supreme Court of the State of New York · 1985

6 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. People v. KaminiskiCriminal Court of the City of New York · 1989
  2. People v. MauroCriminal Court of the City of New York · 1990
  3. People v. HellerCriminal Court of the City of New York · 1998
  4. People v. SwingerCriminal Court of the City of New York · 1998
  5. People v. LopezCriminal Court of the City of New York · 2011

5 more not listed; retrieve them via the Exa API.

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