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People v. Diaz

Criminal Court, City of New York, New York County.
Jul 8, 2015
48 Misc. 3d 1208 (N.Y. Crim. Ct. 2015)

Summary

In People v. Diaz, 48 Misc.3d 1208(A), 2015 WL 4111763 (Crim.Ct. N.Y. County 2015), one of several similar cases relied on by the defendant, the Court dismissed an information in a criminal contempt case because the unsupported allegation that the apartment in which the defendant was found was the apartment of the party protected by an order of protection was a conclusory allegation.

Summary of this case from People v. Pandiello

Opinion

No. 2015NY012799.

2015-07-8

The PEOPLE of the State of New York v. Louis DIAZ, Defendant.

Jess M. Berkowitz, Esq., for the Defendant. Cyrus R. Vance, Jr., New York County District Attorney by A.D.A. Melissa Hindman, for the People.



Summaries of

People v. Diaz

Criminal Court, City of New York, New York County.
Jul 8, 2015
48 Misc. 3d 1208 (N.Y. Crim. Ct. 2015)

In People v. Diaz, 48 Misc.3d 1208(A), 2015 WL 4111763 (Crim.Ct. N.Y. County 2015), one of several similar cases relied on by the defendant, the Court dismissed an information in a criminal contempt case because the unsupported allegation that the apartment in which the defendant was found was the apartment of the party protected by an order of protection was a conclusory allegation.

Summary of this case from People v. Pandiello
Case details for

People v. Diaz

Case Details

Full title:The PEOPLE of the State of New York v. Louis DIAZ, Defendant.

Court:Criminal Court, City of New York, New York County.

Date published: Jul 8, 2015

Citations

48 Misc. 3d 1208 (N.Y. Crim. Ct. 2015)
2015 N.Y. Slip Op. 51009
18 N.Y.S.3d 580

Citing Cases

People v. Winsbarrow

A conclusory allegation is one that derives "solely from another fact or facts that have not been alleged."…

People v. Swint

Factual allegations of an evidentiary character are "nonconclusory descriptions of what the deponent…