Legal Opinion
People v. Hart
New York County Courts
Decided February 10, 1992PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
David D. Egan, J.
This is an appeal by the People from an order of Rochester City Court (149 Misc 2d 98 [Regan, J.]) dismissing the charge of criminal mischief in the fourth degree (Penal Law § 145.00 [3]) in the interests of justice pursuant to CPL 170.40.
The lower court, sua sponte, dismissed the charge against all *275defendants because the court believed that the facts warranted a felony prosecution by Grand Jury presentment and that further prosecution of the cases as misdemeanors grievously flouts the interest of justice.
In People ex rel. Doe v Beaudon (102 AD2d 359, 365…
2Cases cited7 opinions
- Hassan v. Magistrates' CourtNew York Supreme Court · 1959
- People ex rel. Doe v. BeaudoinAppellate Division of the Supreme Court of the State of New York · 1984
- Hassan v. Magistrates CourtNew York Court of Appeals · 1960
- Hassan v. Magistrates' CourtAppellate Division of the Supreme Court of the State of New York · 1960
- People v. MukaAppellate Division of the Supreme Court of the State of New York · 1979
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. HarrisRochester City Court · 2006