must confine analysis (New York) · Go Syfert
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must confine analysis in New York

6 New York opinions name it 3 courts 2004–2009 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
People v. Peltgreen
nycrimct · 1993 · cited in 4 New York opinions naming this issue, 2004–2009
2 sentences

2009With intent to cause physical injury to another person, he causes such injury to such person or to a third person.” On a motion to dismiss an accusatory instrument, the court must confine its analysis to the allegations contained in the complaint and in any depositions filed in support of it (see People v Pelt, 157 Misc 2d 90, 92 [Crim Ct, Kings County 1993]; People v Fink, NYLJ, May 22, 1992, at 23, col 4 [Crim Ct, NY County]).

2008(See People v Alejandro, 70 NY2d at 138 ; see also People v Konieczny, 2 NY3d 569, 576 [2004]; People v Voelker, 172 Misc 2d 564 [Crim Ct, Kings County 1997]; People v Pelt, 157 Misc 2d 90 [Crim Ct, Kings County 1993].) “[T]he court . . . may not consider [any] extraneous allegations contained in a motion to dismiss or an answer to a motion to dismiss.” (People v Voelker, 172 Misc 2d at 569 .) The relevant portion of Penal Law § 240.30 provides that: “[a] person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, or alarm another person, he or she: “1.

24
People v. Koniecznygreen
ny · 2004 · cited in 3 New York opinions naming this issue, 2008–2009
2 sentences

2009(CPL 100.40 [1], [4]; People v Alejandro at 138 ; People v Konieczny, 2 NY3d 569 [2004].) New facts contained in the affirmation in opposition are not part of the accusatory instrument and cannot serve to cure any of its alleged jurisdictional defects.

2008(See People v Alejandro, 70 NY2d at 138 ; see also People v Konieczny, 2 NY3d 569, 576 [2004]; People v Voelker, 172 Misc 2d 564 [Crim Ct, Kings County 1997]; People v Pelt, 157 Misc 2d 90 [Crim Ct, Kings County 1993].) “[T]he court . . . may not consider [any] extraneous allegations contained in a motion to dismiss or an answer to a motion to dismiss.” (People v Voelker, 172 Misc 2d at 569 .) The relevant portion of Penal Law § 240.30 provides that: “[a] person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, or alarm another person, he or she: “1.

23
People v. Allengreen
ny · 1998 · cited in 2 New York opinions naming this issue, 2008–2009
2 sentences

2009(People v Allen, 92 NY2d 378, 385 [1998].) In deciding a motion to dismiss for facial insufficiency, a court must confine its analysis to the allegations contained solely in the complaint and any depositions filed in support of it.

2008(People v Allen, 92 NY2d 378, 385 [1998].) In deciding a motion to dismiss for facial insufficiency, a court must confine its analysis to the allegations contained solely in the complaint and any depositions filed in support of it.

22
People v. Hendersongreen
ny · 1999 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008(See People v Henderson, 92 NY2d 677, 680 [1999].) Moreover, in deciding this motion the court must confine its analysis to the allegations contained solely in the complaint and any depositions filed in support of it.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
People v. Alejandro green
ny · 1987
2 sentences

2008(See People v Alejandro, 70 NY2d at 138 ; see also People v Konieczny, 2 NY3d 569, 576 [2004]; People v Voelker, 172 Misc 2d 564 [Crim Ct, Kings County 1997]; People v Pelt, 157 Misc 2d 90 [Crim Ct, Kings County 1993].) “[T]he court . . . may not consider [any] extraneous allegations contained in a motion to dismiss or an answer to a motion to dismiss.” (People v Voelker, 172 Misc 2d at 569 .) The relevant portion of Penal Law § 240.30 provides that: “[a] person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, or alarm another person, he or she: “1.

2007(People v Pelt, 157 Misc 2d 90 [Crim Ct, Kings County 1993]; People v Alejandro, 70 NY2d 133 [1987], supra.) A. Reckless Driving Vehicle and Traffic Law § 1212 (reckless driving) reads, in relevant part, that: “Reckless driving shall mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway.” The information and the supporting depositions of Cassan

22007–2008
People v. Voelker green
nycrimct · 1997
2 sentences

2008(See People v Alejandro, 70 NY2d at 138 ; see also People v Konieczny, 2 NY3d 569, 576 [2004]; People v Voelker, 172 Misc 2d 564 [Crim Ct, Kings County 1997]; People v Pelt, 157 Misc 2d 90 [Crim Ct, Kings County 1993].) “[T]he court . . . may not consider [any] extraneous allegations contained in a motion to dismiss or an answer to a motion to dismiss.” (People v Voelker, 172 Misc 2d at 569 .) The relevant portion of Penal Law § 240.30 provides that: “[a] person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, or alarm another person, he or she: “1.

2008(See People v Alejandro, 70 NY2d at 138 ; see also People v Konieczny, 2 NY3d 569, 576 [2004]; People v Voelker, 172 Misc 2d 564 [Crim Ct, Kings County 1997]; People v Pelt, 157 Misc 2d 90 [Crim Ct, Kings County 1993].) “[T]he court . . . may not consider [any] extraneous allegations contained in a motion to dismiss or an answer to a motion to dismiss.” (People v Voelker, 172 Misc 2d at 569 .) The relevant portion of Penal Law § 240.30 provides that: “[a] person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, or alarm another person, he or she: “1.

12008–2008

Where else courts name it

PA 103 (1998–2026) IL 15 (1996–2003) NY 6 (2004–2009) FL 2 (2005–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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