Criminal Solicitation In the Fifth Degree Cases In New York
In People v. Allen, 92 N.Y.2d 378, 681 N.Y.S.2d 216, 703 N.E.2d 1229 (1998), the Court of Appeals reviewed 54 cases where the defendants were charged with criminal solicitation in the fifth degree.
Each instrument tracked the language of the statute and alleged that" ... the defendant did solicit an undercover police officer to sell the defendant marijuana." 92 N.Y.2d at 385.
While Allen focused primarily on whether prosecution of the defendants was precluded by an exemption statute, the Court also "briefly addressed the defendants' remaining contentions that the ... instruments suffer from a jurisdictional defect." Id. at 384.
After holding that the exemption statute required dismissal of the instruments, the Court went on to state, in dicta, that although the allegations were "bare-boned," they were nevertheless "sufficiently evidentiary in character." Id.