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Legal Opinion

People v. Conoscenti

New York District Court

Decided July 30, 1975PublishedCited by 21 opinions

1Opinion of the CourtLawrence Newmark, J.

The defendant was charged with a violation of Labor Law (§ 632, subd 1, par [a]).

Defendant plead not guilty and the matter proceeded to trial. After the start of the People’s case, the defendant moved to dismiss the unlabeled accusatory instrument claiming that it was a misdemeanor complaint and that because he was never advised of his right to be prosecuted by an information, under the authority of People v Weinberg (34 NY2d 429), the misdemeanor complaint must be dismissed.

If this accusatory instrument is a misdemeanor complaint, then defendant’s motion must be granted.

CPL 100.15 details…

2Cases cited6 opinions

  1. People v. WeinbergNew York Court of Appeals · 1974
  2. People v. JamesNew York Court of Appeals · 1958
  3. People v. FieldsNassau County District Court · 1973
  4. People v. JeffriesNew York Court of Appeals · 1967
  5. People v. TennysonNew York Court of Appeals · 1967

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

3Cited by21 opinions

  1. In re Rodney J.Appellate Division of the Supreme Court of the State of New York · 1985
  2. People v. Flushing Hospital & Medical CenterCriminal Court of the City of New York · 1983
  3. People v. HarvinCriminal Court of the City of New York · 1984
  4. People v. SyllaCriminal Court of the City of New York · 1992
  5. People v. PierreCriminal Court of the City of New York · 1993

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

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