Legal Opinion
People v. Givenni
Criminal Court of the City of New York
Decided April 20, 2010PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Matthew A. Sciarrino, Jr., J.
Nothing makes a little kid smile more than being handed a balloon. However, in this case of first impression, this court holds that helium is also a noxious material under section 270.05 of the Penal Law and denies the defendants’ motion to dismiss.
The defendants were charged with unlawfully possessing or selling noxious material (Penal Law § 270.05). The defendants moved the court for an order inter alia: dismissing the accusatory instrument for facial insufficiency; and dismissing the accusatory instrument in the furtherance of justice. The…
2Cases cited9 opinions
- People v. DumasNew York Court of Appeals · 1986
- People v. KalinNew York Court of Appeals · 2009
- People v. ClaytonAppellate Division of the Supreme Court of the State of New York · 1973
- People v. RickertNew York Court of Appeals · 1983
- People v. BelkotaAppellate Division of the Supreme Court of the State of New York · 1975
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. NewtonCriminal Court of the City of New York · 2017