People v. Guzman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Balletta, J.
In the case at bar, the trial court dismissed the indictment *155on the motion of the defendant, claiming that it had an inherent power to do so in the interest of justice. The dismissal of the indictment was not pursuant to CPL 210.20 (1) or 210.40, nor was it predicated upon any statutory violation under CPL 190.50, nor was it based upon any other statutory authority. We conclude that the indictment must be reinstated since, in the absence of any statutory basis for its dismissal, the trial court possessed no inherent power to dismiss it.
Shortly before May 3,…
2Cases cited11 opinions
- Holtzman v. GoldmanNew York Court of Appeals · 1988
- People v. RickertNew York Court of Appeals · 1983
- People v. DouglassNew York Court of Appeals · 1983
- People v. InsignaresAppellate Division of the Supreme Court of the State of New York · 1985
- People v. GiniAppellate Division of the Supreme Court of the State of New York · 1979
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. PughAppellate Division of the Supreme Court of the State of New York · 1994
- People v. FrancoAppellate Division of the Supreme Court of the State of New York · 1994
- People v. CalvertNew York Supreme Court · 1996
- People v. MerloAppellate Division of the Supreme Court of the State of New York · 1992
- People v. BoswellNew York Supreme Court · 1994
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