Legal Opinion
People v. Serrano
Appellate Division of the Supreme Court of the State of New York
Decided July 16, 1990PublishedCited by 4 opinions
1Opinion of the Court
Appeal by the People from an order of the County Court, Orange County (Byrne, J.), dated June 22, 1989, which granted that branch of the defendant’s omnibus motion which was to dismiss the indictment.
Ordered that the order is reversed, as a matter of discretion, that branch of the defendant’s omnibus motion which was to dismiss the indictment is denied, the indictment is reinstated, and the matter is remitted to the County Court, Orange County, for further proceedings.
*498A court’s discretionary power to dismiss an indictment in the interest of justice is to be exercised sparingly (see, CPL…
2Cases cited7 opinions
- People v. Kwok Ming ChanAppellate Division of the Supreme Court of the State of New York · 1974
- People v. PerezAppellate Division of the Supreme Court of the State of New York · 1990
- People v. DiggsAppellate Division of the Supreme Court of the State of New York · 1986
- People v. ViszokaiAppellate Division of the Supreme Court of the State of New York · 1984
- People v. SaundersAppellate Division of the Supreme Court of the State of New York · 1990
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. HudsonAppellate Division of the Supreme Court of the State of New York · 1995
- People v. BebeeAppellate Division of the Supreme Court of the State of New York · 1991
- People v. SchellenbachAppellate Division of the Supreme Court of the State of New York · 2009
- People v. NoblesAppellate Division of the Supreme Court of the State of New York · 2019