Legal Opinion
People v. McGinnis
Criminal Court of the City of New York
Decided October 15, 2013Published
1Opinion of the Court
OPINION OF THE COURT
Felicia A. Mennin, J.
The slavish reliance on a preprinted, check-off-type supporting deposition to expedite the processing of a complaint charging loitering for the purpose of engaging in a prostitution offense (Penal Law § 240.37 [2]) can inadvertently render the accusatory instrument a legal nullity. Such conclusion is compelled when, as in this case, the accusatory instrument, reduced to its essence, merely provides that a woman previously arrested for prostitution-genre offenses was observed talking to three persons late at night in an area often frequented by…
2Cases cited5 opinions
- People v. AlejandroNew York Court of Appeals · 1987
- People v. Denise L.Criminal Court of the City of New York · 1994
- People v. McDermottNassau County District Court · 1994
- People v. KossCriminal Court of the City of New York · 1992
- People v. JacksonCriminal Court of the City of New York · 1998