People v. Goldberg
| Decision Date | 12 June 1972 |
| Citation | 332 N.Y.S.2d 903,39 A.D.2d 948 |
| Parties | The PEOPLE, etc., Appellant, v. Emanuel GOLDBERG, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Before MARTUSCELLO, Acting P.J., and LATHAM, GULOTTA, CHRIST and BENJAMIN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the People from an order of the Supreme Court, Kings County, entered on November 22, 1971, which granted defendant's motion to dismiss the prosecutor's information filed at the direction of the Grand Jury.
Order reversed, on the law, motion denied and information reinstated.
The Grand Jury directed the filing of a prosecutor's information charging defendant with the crimes of unlawful imprisonment (Penal Law, § 135.05) and endangering the welfare of a child (Penal Law, § 260.10). The minutes of the Grand Jury contained testimony of the complainant, a 10-year old girl, to the effect that defendant blindfolded her in the street, led her to his apartment, raped her, then brought her to an apartment several flights up which was barren except for a mattress, and left her there for several hours with the door locked. The detective who found the complainant testified that defendant had admitted locking the girl in the barren apartment after the girl had found her way into his apartment.
Upon motion of defendant, the Grand Jury minutes were inspected and the information subsequently dismissed by the Criminal Term on the ground that the evidence before the Grand Jury was not legally sufficient to support the charge, i.e., that the offenses of unlawful imprisonment and endangering the welfare of a child are...
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People v. Harper
...(absconding defendant); People v. Randolph. 85 Misc.2d 1022, 381 N.Y.S.2d 192 (rearrest in another state); see also People v. Goldberg, 39 A.D.2d 948, 332 N.Y.S.2d 903 (failure of probation department to complete investigation; a questionable precedent). If the delay is attributable to wron......
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People v. Ford
...which preceded or accompanied the assault. As recently as June 12, 1972, the Appellate Division, Second Department in People v. Goldberg, 39 A.D.2d 948, 332 N.Y.S.2d 903 ruled that the defendant's act in holding a 10-year-old child prisoner in an apartment for several hours after he had rap......
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David M., Matter of
...the Appellate Division affirmed convictions of sexual abuse first degree and unlawful imprisonment. See also People v. Goldberg, 39 A.D.2d 948, 332 N.Y.S.2d 903 (2nd Dept. 1972)). Clearly, the elements of each of these crimes is totally different and each can stand independent of the other.......
- People v. Gibson