Legal Opinion
People v. Perez
New York Court of Appeals
Decided March 17, 1994PublishedCited by 43 opinions
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
The issue presented in each of these cases is whether the trial court exceeded its authority under CPL 200.70 when it amended a criminal indictment by adding a new count. In both instances, the People asserted that the count had been properly voted by the Grand Jury but left out of the indictment as a result of a clerical error. We conclude that the courts lacked the statutory authority to order the amendments. The convictions on the added charges must therefore be vacated and the counts dismissed.
In People v Perez, a Bronx County Grand Jury filed an indictment…
2Cases cited12 opinions
- Ex Parte BainSupreme Court of the United States · 1887
- People v. IannoneNew York Court of Appeals · 1978
- People Ex Rel. Battista v. ChristianNew York Court of Appeals · 1928
- People v. MilesNew York Court of Appeals · 1942
- Simonson v. CahnNew York Court of Appeals · 1970
7 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- People v. JeantyAppellate Division of the Supreme Court of the State of New York · 2000
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 1998
- Jose Vasquez v. Wayne Strack, Superintendent, Fishkill Correctional FacilityCourt of Appeals for the Second Circuit · 2000
- People v. BinghamAppellate Division of the Supreme Court of the State of New York · 1999
- People v. BoulaAppellate Division of the Supreme Court of the State of New York · 2013
38 more not listed; retrieve them via the Exa API.