PEOPLE v. LOPEZ


79 N.Y.2d 402 (1992)

The People of the State of New York, Appellant, v. Ricardo Lopez, Respondent.

Court of Appeals of the State of New York.

Decided May 5, 1992.


Attorney(s) appearing for the Case

Richard A. Brown, District Attorney (Andrew Zwerling, Barbara D. Underwood and Merri Turk Lasky of counsel), for appellant.

Laura R. Johnson, Robert M. Baum and Michele Maxian for respondent.

Chief Judge WACHTLER and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SIMONS taking no part.


YESAWICH, JR., J.*

The issue presented is whether an affidavit, submitted to a Grand Jury pursuant to CPL 190.30 (3), wherein the owner states in conclusory terms the worth of allegedly stolen property and the amount of physical damage to it, without indicating the basis for that valuation, can sustain an indictment where value is an element of the offense charged. We hold that it...

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