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Legal Opinion

People v. Tanner

Criminal Court of the City of New York

Decided March 19, 1992PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosalyn H. Richter, J.

Defendant is charged with criminal simulation (Penal Law § 170.45 [2]) and fraudulent accosting (Penal Law § 165.30 [1]). Defendant now moves to dismiss the complaint for facial insufficiency.

An information is facially insufficient unless it contains facts of an evidentiary character tending to support the charges. (CPL 100.15 [3]; People v Dumas, 68 NY2d 729 [1986].) An information must provide not only reasonable cause to believe defendant committed the charged offense, but must also contain nonhearsay allegations which, if true, establish every…

2Cases cited13 opinions

  1. People v. AlejandroNew York Court of Appeals · 1987
  2. People v. DumasNew York Court of Appeals · 1986
  3. People v. FordAppellate Division of the Supreme Court of the State of New York · 1982
  4. People v. CareyAppellate Division of the Supreme Court of the State of New York · 1984
  5. People v. RamirezAppellate Division of the Supreme Court of the State of New York · 1990

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. ChiveCriminal Court of the City of New York · 2001
  2. Marshall v. The Port Authority of New York and New JerseyDistrict Court, S.D. New York · 2022
  3. People v. Morrison (Walter)Appellate Terms of the Supreme Court of New York · 2017
  4. Ragland v. City of New YorkDistrict Court, S.D. New York · 2022
  5. The People v. Marc MitchellNew York Court of Appeals · 2022

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