Legal Opinion
People v. Douglass
New York Court of Appeals
Decided November 1, 1983PublishedCited by 96 opinions
1Opinion of the Court
OPINION OF THE COURT
Jasen, J.
On this appeal, we are asked to decide whether a trial court Judge has the power to dismiss a misdemeanor *197complaint on the grounds of “failure to prosecute” and “calendar control”. Although we do not question the general authority of the Trial Judge to control his calendar, we hold, nonetheless, that in exercising this authority, he may not dismiss a pending criminal proceeding for “failure to prosecute”.
These appeals involve the dismissal of misdemeanor complaints by Judges of the New York City Criminal Court. In each case, it was found that the prosecutor had…
2Cases cited9 opinions
- Moore v. ArizonaSupreme Court of the United States · 1973
- People v. OsgoodNew York Court of Appeals · 1980
- People v. RickertNew York Court of Appeals · 1983
- The People v. . BennettNew York Court of Appeals · 1872
- Cohn v. Borchard AffiliationsNew York Court of Appeals · 1969
4 more not listed; retrieve them via the Exa API.
3Cited by96 opinions
- Holtzman v. GoldmanNew York Court of Appeals · 1988
- People v. AndersonNew York Court of Appeals · 1985
- Vivianne Jade Washington v. Investigator Hugh HowardCourt of Appeals for the Eleventh Circuit · 2022
- Gabrelian v. GabrelianAppellate Division of the Supreme Court of the State of New York · 1985
- People v. NuccioNew York Court of Appeals · 1991
91 more not listed; retrieve them via the Exa API.