Legal Opinion

People v. Rivera

Criminal Court of the City of New York

Decided September 19, 2008Published

1Opinion of the Court

*589OPINION OF THE COURT

Elisa S. Koenderman, J.

The defendant, Carlos Rivera, is charged with one count of criminally using drug paraphernalia in the second degree (Penal Law § 220.50 [2]), and one count of unlawful possession of marihuana (Penal Law § 221.05). The defendant has moved in an omnibus motion for dismissal for facial insufficiency; suppression of physical evidence and statements; preclusion of identification evidence; discovery and a bill of particulars; and preclusion of evidence regarding prior bad acts. The defendant’s motion is decided as follows.

Facial Sufficiency

In order to be…

2Cases cited26 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Payton v. New YorkSupreme Court of the United States · 1980
  3. Dunaway v. New YorkSupreme Court of the United States · 1979
  4. People v. . MolineuxNew York Court of Appeals · 1901
  5. People v. SandovalNew York Court of Appeals · 1974

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