People v. McCarthy

Appellate Division of the Supreme Court of New York

People v. McCarthy

262 A.D.2d 426, 691 N.Y.S.2d 124, 1999 N.Y. App. Div. LEXIS 6323

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 7, 1999

StatusPublished

This text of 262 A.D.2d 426 (People v. McCarthy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. McCarthy, 262 A.D.2d 426, 691 N.Y.S.2d 124, 1999 N.Y. App. Div. LEXIS 6323 (N.Y. Ct. App. 1999).

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Opinion

—Appeal by the People from so much of an order of the Supreme Court, Queens County (Blumenfeld, J.), dated April 15, 1998, as granted that branch of the defendant’s motion which was to dismiss the first and second counts of the indictment.

Ordered that the order is affirmed insofar as appealed from.

Contrary to the People’s contention, the Supreme Court did not err in dismissing the first two counts of the indictment charging intimidating a victim or witness in the third degree (Penal Law § 215.15 [1]) and coercion in the second degree (Penal Law § 135.60). The People failed to make a prima facie case that the accused committed the crimes charged by presenting legally sufficient, competent evidence which, if accepted as true, establishes every element of the offenses charged (see, CPL 70.10 [1]; People v Galatro, 84 NY2d 160, 164; People v Jennings, 69 NY2d 103, 115; People v Pelchat, 62 NY2d 97, 105). O’Brien, J. P., Santucci, Altman and H. Miller, JJ., concur.

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—Appeal by the People from so much of an order of the Supreme Court, Queens County (Blumenfeld, J.), dated April 15, 1998, as granted that branch of the defendant’s motion which was to dismiss the first and second counts of the indictment.

Ordered that the order is affirmed insofar as appealed from.

Contrary to the People’s contention, the Supreme Court did not err in dismissing the first two counts of the indictment charging intimidating a victim or witness in the third degree (Penal Law § 215.15 [1]) and coercion in the second degree (Penal Law § 135.60). The People failed to make a prima facie case that the accused committed the crimes charged by presenting legally sufficient, competent evidence which, if accepted as true, establishes every element of the offenses charged (see, CPL 70.10 [1]; People v Galatro, 84 NY2d 160, 164; People v Jennings, 69 NY2d 103, 115; People v Pelchat, 62 NY2d 97, 105). O’Brien, J. P., Santucci, Altman and H. Miller, JJ., concur.

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Bluebook (online)

262 A.D.2d 426, 691 N.Y.S.2d 124, 1999 N.Y. App. Div. LEXIS 6323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccarthy-nyappdiv-1999.

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