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Legal Opinion

People v. Gonzalez

Appellate Terms of the Supreme Court of New York

Decided March 14, 2000PublishedCited by 26 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Order entered May 27, 1998 reversed, on the law, the accusatory instrument is reinstated, and the matter remanded to Criminal Court for further proceedings.

The misdemeanor complaint charging defendant with unlicensed general vending (Administrative Code of City of NY § 20-453)* was improperly dismissed at arraignment for facial insufficiency. From a procedural standpoint, the defendant’s oral dismissal motion should not have been entertained, since an application to dismiss an accusatory instrument filed in a local criminal court can only be heard “[a]fter arraignment”…

3Cases cited5 opinions

  1. People v. DumasNew York Court of Appeals · 1986
  2. People v. BrownNew York Court of Appeals · 1976
  3. People v. CoppaNew York Court of Appeals · 1978
  4. People v. AbdulCriminal Court of the City of New York · 1993
  5. People v. ParkerAppellate Division of the Supreme Court of the State of New York · 1996

4Cited by26 opinions

  1. People v. GibbleCriminal Court of the City of New York · 2003
  2. People v. SaulCriminal Court of the City of New York · 2004
  3. People v. NieneCriminal Court of the City of New York · 2005
  4. People v. BeamCriminal Court of the City of New York · 2008
  5. People v. PolancoCriminal Court of the City of New York · 2009

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