People v. Carter

OPINION OF THE COURT

Memorandum.

Ordered that the judgment of conviction is reversed, on the law, the order issued June 25, 2009 is vacated, the People’s motion to vacate the adjournment in contemplation of dismissal and to restore the case to the trial calendar is denied, and the accusatory instrument is dismissed.

At a pretrial hearing on December 11, 2008, the Justice Court granted defendant, who at that point was representing himself, an adjournment in contemplation of dismissal (ACD). Subsequently, the People moved to vacate the ACD and restore the case to the trial calendar. In support of…