Legal Opinion
People v. Cunningham
Criminal Court of the City of New York
Decided August 22, 1980PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Herbert Kramer, J.
The question before the court is whether the renewal of criminal prosecution by the restoration of an adjournment in contemplation of dismissal (ACD) because of the failure of restitution due to indigency in the six-month period between disposition and final dismissal is permissible. We hold that it is not, and this matter is dismissed in the interest of justice.*
*327Undoubtedly, the ACD is a beneficial expedient to the criminal justice system. However, it is inherently subject to misapplication when it is made conditional upon a promise improperly extracted…
2Cases cited9 opinions
- Tate v. ShortSupreme Court of the United States · 1971
- State v. GerardWisconsin Supreme Court · 1973
- People v. MasonNew York Supreme Court · 1979
- People v. SiragusaNassau County District Court · 1975
- People v. Collins, New York County Courts1965
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re Gabriel M.New York City Family Court · 1985
- In re Richard C.New York City Family Court · 1982
- People v. GoddardCriminal Court of the City of New York · 1981