Legal Opinion
People v. Davis
New York Supreme Court
Decided June 28, 1982PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Ruth Moskowitz, J.
Defendant moves to dismiss the instant indictment on the ground that the Grand Jury proceeding was defective within the meaning of CPL 210.35 (CPL 210.20, subd 1, par [c]). Defendant is charged, in a two-count indictment, with manslaughter in the second degree and criminally negligent homicide.
At issue is whether it was proper for the prosecution to submit new charges to the Grand Jury investigating this matter after that body had voted “no true bill” on the only charge submitted.
Following the presentation to the Grand Jury of all of the evidence in this…
2Cases cited10 opinions
- People Ex Rel. Flinn v. BarrNew York Court of Appeals · 1932
- People v. MinetNew York Court of Appeals · 1947
- In re GardinerNew York Court of General Session of the Peace · 1900
- People v. GrohAppellate Division of the Supreme Court of the State of New York · 1977
- Mooney v. CahnNew York Supreme Court · 1974
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. AaronsAppellate Division of the Supreme Court of the State of New York · 2003
- People v. WesleyNew York Supreme Court · 1994
- Andreanoff v. StateCourt of Appeals of Alaska · 1987
- People v. SmithNew York Supreme Court · 1993
- In re the Special Grand Jury, New York County Courts1985
3 more not listed; retrieve them via the Exa API.