Legal Opinion
People v. Sherman
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 2006PublishedCited by 9 opinions
1Opinion of the Court
Appeal by the People from an order of the Supreme Court, Kings County (Firetog, J.), dated February 10, 2006, which granted the defendant’s motion to dismiss the indictment in furtherance of justice pursuant to CPL 210.40.
Ordered that the order is reversed, as a matter of discretion, the motion is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the indictment.
“The discretionary authority to dismiss an indictment in furtherance of justice [pursuant to CPL 210.40] should be ‘exercised sparingly’ and only in ‘those…
2Cases cited4 opinions
- People v. TavaresAppellate Division of the Supreme Court of the State of New York · 2000
- People v. FlemmingAppellate Division of the Supreme Court of the State of New York · 2002
- People v. McAlisterAppellate Division of the Supreme Court of the State of New York · 2001
- People v. WardAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by9 opinions
- People v. CandelariaAppellate Division of the Supreme Court of the State of New York · 2008
- People v. Claudia Dowling, Inc.Appellate Terms of the Supreme Court of New York · 2017
- People v. Claudia Dowling, Inc.Appellate Terms of the Supreme Court of New York · 2017
- People v. Cross (Kanzada)Appellate Terms of the Supreme Court of New York · 2016
- People v. Dardashtian (Tamir)Appellate Terms of the Supreme Court of New York · 2016
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