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Legal Opinion

Forte v. Supreme Court

Appellate Division of the Supreme Court of the State of New York

Decided June 12, 1978PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Shapiro, J.

This is an article 78 proceeding by petitioner, Alfred Forte, to prohibit the respondents from prosecuting him on a superseding indictment (No. 2647-77) returned by the Grand Jury of Queens County on the ground that his prosecution thereunder violates his rights under CPL 450.50.

THE ISSUES

The question here—apparently one never before decided—is whether a District Attorney who appeals from an order which grants a defendant’s motion to suppress and files the required statutory statement (CPL 450.20; 450.50) in connection with that appeal may nevertheless proceed…

2Cases cited15 opinions

  1. Brewer v. WilliamsSupreme Court of the United States · 1977
  2. People v. YuklNew York Court of Appeals · 1969
  3. La Rocca v. LaneNew York Court of Appeals · 1975
  4. Lee v. County Ct. of Erie CountyNew York Court of Appeals · 1971
  5. People ex rel. Livingston v. WyattNew York Court of Appeals · 1906

10 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. De Canzio v. KennedyAppellate Division of the Supreme Court of the State of New York · 1979
  2. People v. RumpelAppellate Division of the Supreme Court of the State of New York · 1985
  3. Haley v. DarrigrandAppellate Division of the Supreme Court of the State of New York · 1978
  4. People v. NizzaCriminal Court of the City of New York · 1978
  5. People v. GreenNew York Supreme Court · 1986

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