Penal Law violation in New York

1997Such notice is given by an indictment which simply charges the defendant with a specified Penal Law violation whether the prosecution’s theory is that defendant is a principal or an abettor” (People v Floyd, 115 AD2d 248 [4th Dept 1985]; People v Liccione, 63 AD2d 305, 312-313 [4th Dept 1978], affd 50 NY2d 850 ).

1985Such notice is given by an indictment which simply charges the defendant with a specified Penal Law violation whether the prosecution’s theory is that defendant is a principal or an abettor (see, People v Liccione, 63 AD2d 305, 312-313 , affd 50 NY2d 850 ).

1980Whether the charge is larceny under the Penal Law or a violation of section 145 of the Social Services Law, the prosecution must prove that the defendant was not entitled to the benefits received (People v Hunter, 34 NY2d 432, 438 ).

1975There is an element in the instant case which was lacking in People v Hunter ( 34 NY2d 432 , supra) where the Court of Appeals held that the evidence was insufficient to show that the specific value of the property wrongfully obtained in that public assistance case was in excess of $250.

2025Moreover, [*2]the waiver of indictment and SCI otherwise included the approximate date range and time, the precise Penal Law violation to be charged, the correct street address as specified in the felony complaint and the county where the crime occurred, as required ( see CPL 200.50 [5]). "[A]n SCI, which is held to the same pleading requirements as an indictment, is jurisdictionally defective only if it does not effectively charge the defendant with the commission of a particular crime — for instance, if it fails to allege that the defendant committed acts constituting every material element

2007Moreover, the Court of Appeals subsequently rejected its holding in People v Moselle ( 57 NY2d 97 [1982]), which required separate resort to Vehicle and Traffic Law § 1194 to sustain a Vehicle and Traffic Law offense that is part of the same indictment as a Penal Law violation (see People v Casadei, 66 NY2d at 848).

2007Moreover, the Court of Appeals subsequently rejected its holding in People v Moselle ( 57 NY2d 97 [1982]), which required separate resort to Vehicle and Traffic Law § 1194 to sustain a Vehicle and Traffic Law offense that is part of the same indictment as a Penal Law violation (see People v Casadei, 66 NY2d at 848).

2007Notably, in People v Casadei, the Court of Appeals also reaffirmed the use of a validly issued search warrant to obtain a blood sample in the event of a violation of the Penal Law (see People v Casadei, 66 NY2d 846 [1985]; Matter of Abe A., 56 NY2d 288 [1982]).

2007Notably, in People v Casadei, the Court of Appeals also reaffirmed the use of a validly issued search warrant to obtain a blood sample in the event of a violation of the Penal Law (see People v Casadei, 66 NY2d 846 [1985]; Matter of Abe A., 56 NY2d 288 [1982]).

1998Clair, 80 AD2d 691 , affd, 54 NY2d 900 ), a successful challenge to the cocaine found in the patrol vehicle was unlikely under the attenuation doctrine (see, People v Boodle, 47 NY2d 398, 404 , cert denied 444 US 969 ; People v Smith, 235 AD2d 639, 640 , lv denied 89 NY2d 1041 ).

1998Clair, 80 AD2d 691 , affd, 54 NY2d 900 ), a successful challenge to the cocaine found in the patrol vehicle was unlikely under the attenuation doctrine (see, People v Boodle, 47 NY2d 398, 404 , cert denied 444 US 969 ; People v Smith, 235 AD2d 639, 640 , lv denied 89 NY2d 1041 ).

1998Clair, 80 AD2d 691 , affd, 54 NY2d 900 ), a successful challenge to the cocaine found in the patrol vehicle was unlikely under the attenuation doctrine (see, People v Boodle, 47 NY2d 398, 404 , cert denied 444 US 969 ; People v Smith, 235 AD2d 639, 640 , lv denied 89 NY2d 1041 ).

1998Clair, 80 AD2d 691 , affd, 54 NY2d 900 ), a successful challenge to the cocaine found in the patrol vehicle was unlikely under the attenuation doctrine (see, People v Boodle, 47 NY2d 398, 404 , cert denied 444 US 969 ; People v Smith, 235 AD2d 639, 640 , lv denied 89 NY2d 1041 ).

1998Clair, 80 AD2d 691 , affd, 54 NY2d 900 ), a successful challenge to the cocaine found in the patrol vehicle was unlikely under the attenuation doctrine (see, People v Boodle, 47 NY2d 398, 404 , cert denied 444 US 969 ; People v Smith, 235 AD2d 639, 640 , lv denied 89 NY2d 1041 ).

1998Clair, 80 AD2d 691 , affd, 54 NY2d 900 ), a successful challenge to the cocaine found in the patrol vehicle was unlikely under the attenuation doctrine (see, People v Boodle, 47 NY2d 398, 404 , cert denied 444 US 969 ; People v Smith, 235 AD2d 639, 640 , lv denied 89 NY2d 1041 ).

1998Clair, 80 AD2d 691 , affd, 54 NY2d 900 ), a successful challenge to the cocaine found in the patrol vehicle was unlikely under the attenuation doctrine (see, People v Boodle, 47 NY2d 398, 404 , cert denied 444 US 969 ; People v Smith, 235 AD2d 639, 640 , lv denied 89 NY2d 1041 ).

1998Clair, 80 AD2d 691 , affd, 54 NY2d 900 ), a successful challenge to the cocaine found in the patrol vehicle was unlikely under the attenuation doctrine (see, People v Boodle, 47 NY2d 398, 404 , cert denied 444 US 969 ; People v Smith, 235 AD2d 639, 640 , lv denied 89 NY2d 1041 ).

1998Clair, 80 AD2d 691 , affd, 54 NY2d 900 ), a successful challenge to the cocaine found in the patrol vehicle was unlikely under the attenuation doctrine (see, People v Boodle, 47 NY2d 398, 404 , cert denied 444 US 969 ; People v Smith, 235 AD2d 639, 640 , lv denied 89 NY2d 1041 ).

1998Clair, 80 AD2d 691 , affd, 54 NY2d 900 ), a successful challenge to the cocaine found in the patrol vehicle was unlikely under the attenuation doctrine (see, People v Boodle, 47 NY2d 398, 404 , cert denied 444 US 969 ; People v Smith, 235 AD2d 639, 640 , lv denied 89 NY2d 1041 ).

1997Such notice is given by an indictment which simply charges the defendant with a specified Penal Law violation whether the prosecution’s theory is that defendant is a principal or an abettor” (People v Floyd, 115 AD2d 248 [4th Dept 1985]; People v Liccione, 63 AD2d 305, 312-313 [4th Dept 1978], affd 50 NY2d 850 ).

1994Significant fines can be assessed, and, as the summonses themselves point out, denial of vehicle registration renewal could result in certain circumstances (cf., e.g., People v Scott, 3 NY2d 148, 153 , referred to in People v Hamm, supra, at 12 , considering analogous consequences).

1994Significant fines can be assessed, and, as the summonses themselves point out, denial of vehicle registration renewal could result in certain circumstances (cf., e.g., People v Scott, 3 NY2d 148, 153 , referred to in People v Hamm, supra, at 12 , considering analogous consequences).

1994In People v Hamm ( 9 NY2d 5 ), the Court of Appeals considered the validity of "a penciled longhand unsworn information, which did not state the name of any defendant” (supra, at 8), and which charged the Penal Law violation of disorderly conduct.

1994In People v Hamm ( 9 NY2d 5 ), the Court of Appeals considered the validity of "a penciled longhand unsworn information, which did not state the name of any defendant” (supra, at 8), and which charged the Penal Law violation of disorderly conduct.

1994This disciplinary proceeding does not raise double jeopardy concerns (cf., People v Rivera, 189 AD2d 920 , lv denied 81 NY2d 975 ).

1994This disciplinary proceeding does not raise double jeopardy concerns (cf., People v Rivera, 189 AD2d 920 , lv denied 81 NY2d 975 ).

1994The Court referred to the information as "a complete nullity — a mere scrap of paper” (supra, at 10), and, as one basis for dismissal, said: "[Although there may be greater informality when dealing with offenses (People v. Grogan, 260 N. Y. 138, 141-142 ; People v. Jacoby, 304 N. Y. 33, 45 ), there must at the very least be some pleading charging the defendant with a crime or offense.

1994The Court referred to the information as "a complete nullity — a mere scrap of paper” (supra, at 10), and, as one basis for dismissal, said: "[Although there may be greater informality when dealing with offenses (People v. Grogan, 260 N. Y. 138, 141-142 ; People v. Jacoby, 304 N. Y. 33, 45 ), there must at the very least be some pleading charging the defendant with a crime or offense.

1994The Court referred to the information as "a complete nullity — a mere scrap of paper” (supra, at 10), and, as one basis for dismissal, said: "[Although there may be greater informality when dealing with offenses (People v. Grogan, 260 N. Y. 138, 141-142 ; People v. Jacoby, 304 N. Y. 33, 45 ), there must at the very least be some pleading charging the defendant with a crime or offense.

1994The Court referred to the information as "a complete nullity — a mere scrap of paper” (supra, at 10), and, as one basis for dismissal, said: "[Although there may be greater informality when dealing with offenses (People v. Grogan, 260 N. Y. 138, 141-142 ; People v. Jacoby, 304 N. Y. 33, 45 ), there must at the very least be some pleading charging the defendant with a crime or offense.

1991Matter of Balter v Regan, 97 AD2d 953 , affd 63 NY2d 630 ; People v Gumbs, 124 Misc 2d 564 ; see also, Matter of Fuhrer v Hynes, 72 AD2d 813 ; People v Joy, 133 Misc 2d 779 ).

1991Matter of Balter v Regan, 97 AD2d 953 , affd 63 NY2d 630 ; People v Gumbs, 124 Misc 2d 564 ; see also, Matter of Fuhrer v Hynes, 72 AD2d 813 ; People v Joy, 133 Misc 2d 779 ).

1991Matter of Balter v Regan, 97 AD2d 953 , affd 63 NY2d 630 ; People v Gumbs, 124 Misc 2d 564 ; see also, Matter of Fuhrer v Hynes, 72 AD2d 813 ; People v Joy, 133 Misc 2d 779 ).

1991Matter of Balter v Regan, 97 AD2d 953 , affd 63 NY2d 630 ; People v Gumbs, 124 Misc 2d 564 ; see also, Matter of Fuhrer v Hynes, 72 AD2d 813 ; People v Joy, 133 Misc 2d 779 ).

1991Thus a respondent/ defendant in criminal contempt is accorded all of the procedural safeguards of a criminal defendant (see also, 22 NYCRR 701.3); (d) nisi prius courts have applied the Penal Law defense of justification to Judiciary Law criminal contempt (People v Lennon, 115 Misc 2d 738, 742-743 , contempt determination confirmed on other grounds sub nom.

1991Thus a respondent/ defendant in criminal contempt is accorded all of the procedural safeguards of a criminal defendant (see also, 22 NYCRR 701.3); (d) nisi prius courts have applied the Penal Law defense of justification to Judiciary Law criminal contempt (People v Lennon, 115 Misc 2d 738, 742-743 , contempt determination confirmed on other grounds sub nom.

1991Matter of Balter v Regan, 97 AD2d 953 , affd 63 NY2d 630 ; People v Gumbs, 124 Misc 2d 564 ; see also, Matter of Fuhrer v Hynes, 72 AD2d 813 ; People v Joy, 133 Misc 2d 779 ).

1991Matter of Balter v Regan, 97 AD2d 953 , affd 63 NY2d 630 ; People v Gumbs, 124 Misc 2d 564 ; see also, Matter of Fuhrer v Hynes, 72 AD2d 813 ; People v Joy, 133 Misc 2d 779 ).

1991Matter of Balter v Regan, 97 AD2d 953 , affd 63 NY2d 630 ; People v Gumbs, 124 Misc 2d 564 ; see also, Matter of Fuhrer v Hynes, 72 AD2d 813 ; People v Joy, 133 Misc 2d 779 ).

1991Matter of Balter v Regan, 97 AD2d 953 , affd 63 NY2d 630 ; People v Gumbs, 124 Misc 2d 564 ; see also, Matter of Fuhrer v Hynes, 72 AD2d 813 ; People v Joy, 133 Misc 2d 779 ).

1986(See, Matter of Nicole S., 123 Misc 2d 364, 368 , in which the court required "[t]he corroboration should extend to all of the material elements of the petition” including both the identity of the perpetrator and the manner in which the injuries were sustained; see also, Matter of Lydia K., 123 Misc 2d 41 , in which the court stated that the corroboration by medical evidence was not enough and that corroboration must connect the respondent to the event.) The misuse of the Penal Law standard of corroboration, in contravention of section 1012, works to undermine the express purpose of an article

1986(See, Matter of Nicole S., 123 Misc 2d 364, 368 , in which the court required "[t]he corroboration should extend to all of the material elements of the petition” including both the identity of the perpetrator and the manner in which the injuries were sustained; see also, Matter of Lydia K., 123 Misc 2d 41 , in which the court stated that the corroboration by medical evidence was not enough and that corroboration must connect the respondent to the event.) The misuse of the Penal Law standard of corroboration, in contravention of section 1012, works to undermine the express purpose of an article

1980Nevertheless, in stating its opinion that the city "owes no duty to maintain its sidewalks * * * in a condition reasonably safe for infant bicy clists” (Olsen v City of New York, 49 AD2d 884, 885 , supra), the court cites as authority the earlier case of Rivera v City of New York ( 39 AD2d 606 , affd 32 NY2d 726 , supra) which in turn has for its authority the case of Roberto v City of New York ( 35 AD2d 782 , supra), both of which are premised on the Penal Law violation — contributory negligence principle espoused in Hart v Town of Brookhaven ( 261 App Div 923 , supra; see, also, Errante v Ci

1980Nevertheless, in stating its opinion that the city "owes no duty to maintain its sidewalks * * * in a condition reasonably safe for infant bicy clists” (Olsen v City of New York, 49 AD2d 884, 885 , supra), the court cites as authority the earlier case of Rivera v City of New York ( 39 AD2d 606 , affd 32 NY2d 726 , supra) which in turn has for its authority the case of Roberto v City of New York ( 35 AD2d 782 , supra), both of which are premised on the Penal Law violation — contributory negligence principle espoused in Hart v Town of Brookhaven ( 261 App Div 923 , supra; see, also, Errante v Ci

1980Nevertheless, in stating its opinion that the city "owes no duty to maintain its sidewalks * * * in a condition reasonably safe for infant bicy clists” (Olsen v City of New York, 49 AD2d 884, 885 , supra), the court cites as authority the earlier case of Rivera v City of New York ( 39 AD2d 606 , affd 32 NY2d 726 , supra) which in turn has for its authority the case of Roberto v City of New York ( 35 AD2d 782 , supra), both of which are premised on the Penal Law violation — contributory negligence principle espoused in Hart v Town of Brookhaven ( 261 App Div 923 , supra; see, also, Errante v Ci

1980Nevertheless, in stating its opinion that the city "owes no duty to maintain its sidewalks * * * in a condition reasonably safe for infant bicy clists” (Olsen v City of New York, 49 AD2d 884, 885 , supra), the court cites as authority the earlier case of Rivera v City of New York ( 39 AD2d 606 , affd 32 NY2d 726 , supra) which in turn has for its authority the case of Roberto v City of New York ( 35 AD2d 782 , supra), both of which are premised on the Penal Law violation — contributory negligence principle espoused in Hart v Town of Brookhaven ( 261 App Div 923 , supra; see, also, Errante v Ci

1980Nevertheless, in stating its opinion that the city "owes no duty to maintain its sidewalks * * * in a condition reasonably safe for infant bicy clists” (Olsen v City of New York, 49 AD2d 884, 885 , supra), the court cites as authority the earlier case of Rivera v City of New York ( 39 AD2d 606 , affd 32 NY2d 726 , supra) which in turn has for its authority the case of Roberto v City of New York ( 35 AD2d 782 , supra), both of which are premised on the Penal Law violation — contributory negligence principle espoused in Hart v Town of Brookhaven ( 261 App Div 923 , supra; see, also, Errante v Ci

1980Nevertheless, in stating its opinion that the city "owes no duty to maintain its sidewalks * * * in a condition reasonably safe for infant bicy clists” (Olsen v City of New York, 49 AD2d 884, 885 , supra), the court cites as authority the earlier case of Rivera v City of New York ( 39 AD2d 606 , affd 32 NY2d 726 , supra) which in turn has for its authority the case of Roberto v City of New York ( 35 AD2d 782 , supra), both of which are premised on the Penal Law violation — contributory negligence principle espoused in Hart v Town of Brookhaven ( 261 App Div 923 , supra; see, also, Errante v Ci