Legal Opinion
People v. Walker
Rochester City Court
Decided December 30, 1982PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
David D. Egan, J.
The defendant has moved by notice of motion and supporting affidavit of David A. Murante, Esq., sworn to November 3, 1982 for various relief, including dismissal of the prosecutor’s information upon the ground that the Grand Jury’s failure to indict with reference to the originally presented charges of sodomy and attempted rape in the first degree constituted a finding that the element of forcible compulsion was lacking and therefore the government is barred from prosecuting the defendant on the charge of sexual misconduct which requires the identical…
2Cases cited5 opinions
- People v. BullisAppellate Division of the Supreme Court of the State of New York · 1968
- People v. McEaddyNew York Court of Appeals · 1972
- People v. TuckerAppellate Division of the Supreme Court of the State of New York · 1975
- People v. Dailey, New York County Courts1978
- People v. LegrandAppellate Division of the Supreme Court of the State of New York · 1975
3Cited by2 opinions
- Crosland v. New York City Transit AuthorityNew York Court of Appeals · 1986
- People v. LlewelynNew York Supreme Court · 1987