People v. Crisp
| Decision Date | 11 January 2000 |
| Citation | 700 N.Y.S.2d 693,268 A.D.2d 247 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Appellant,<BR>v.<BR>WILLIAM CRISP, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Concur — Nardelli, J. P., Williams, Ellerin, Rubin and Andrias, JJ.
In light of our decisions in People v Silva (122 AD2d 750) and People v Holden (260 AD2d 233, lv denied 93 NY2d 1003), we find defendant's arguments to be unavailing with regard to the applicability of CPLR provisions to this criminal proceeding. This is especially true in the absence of any express reference to the CPLR in CPL 190.50 (5) and in view of the Court of Appeals' practice of interpreting CPL provisions in accordance with the CPL's statutory scheme and without resort to the CPLR (see, People v Coaye, 68 NY2d 857, 858-859; n).
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5 cases
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People v. Stacchini
...allowing application of these provisions in this criminal action ( seeCPL 1.10[1][a]; CPLR 101, 105[d]; see also People v. Crisp, 268 A.D.2d 247, 247, 700 N.Y.S.2d 693 [2000],lv. denied94 N.Y.2d 946, 710 N.Y.S.2d 2, 731 N.E.2d 619 [2000] ). Further, the Criminal Procedure Law does not provi......
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People v. DeFreitas
...“the CPLR has no application to criminal actions and proceedings.” That court reached the same conclusion in People v. Crisp, 268 A.D.2d 247, 700 N.Y.S.2d 693 (1st Dept.2000). There, citing Silva, the court held thatdefendant's arguments [are] unavailing with regard to the applicability of ......
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People v. Cunningham
...to criminal actions and proceedings," ( People v. Silva , 122 A.D.2d 750, 750, 506 N.Y.S.2d 55 [1st Dept. 1986] ; People v. Crisp , 268 A.D.2d 247, 700 N.Y.S.2d 693 [1st Dept. 2000] ), the court further found that criminal courts have often looked to provisions in the CPLR for guidance when......
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People v. Torres
...of the scheduled grand jury proceeding ( see People v. Crisp, 246 A.D.2d 84, 86–87, 677 N.Y.S.2d 356 [1st Dept. 1998],adhered to on rearg.268 A.D.2d 247, 700 N.Y.S.2d 693 [1st Dept.2000],lv. denied94 N.Y.2d 946, 710 N.Y.S.2d 2, 731 N.E.2d 619 [2000] ). In the absence of any competent proof ......
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