Legal Opinion
People v. Federman
Criminal Court of the City of New York
Decided February 26, 2008PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Tanya R Kennedy, J.
The defendant is charged with one count of resisting arrest (Penal Law § 205.30) and one count of obstruction of governmental administration in the second degree (Penal Law § 195.05). He now moves, inter alia, to dismiss the complaint in the interest of justice pursuant to CPL 170.40. For the reasons that follow, the defendant’s motion to dismiss is granted.
Under CPL 170.40 (1), dismissal in the interest of justice “is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstance clearly…
2Cases cited4 opinions
- People v. ClaytonAppellate Division of the Supreme Court of the State of New York · 1973
- People v. RickertNew York Court of Appeals · 1983
- People v. HarmonAppellate Division of the Supreme Court of the State of New York · 1992
- People v. GragertCriminal Court of the City of New York · 2003
3Cited by1 opinion
- People v. LaFontCriminal Court of the City of New York · 2014