Legal Opinion
People v. Foster
Appellate Division of the Supreme Court of the State of New York
Decided February 9, 1987PublishedCited by 10 opinions
1Opinion of the Court
Appeal by the People from an order of the Supreme Court, Queens County (Chetta, J.), dated May 9, 1985, which granted a motion by the defendant to dismiss the indictment in the interest of justice, with leave to the People to resubmit the case to another Grand Jury.
Ordered that the order is reversed, as a matter of discretion, the motion is denied, the indictment is reinstated, and the *685matter is remitted to the Supreme Court, Queens County, for further proceedings.
The discretionary power to dismiss an indictment in the interest of justice is to be exercised sparingly (CPL 210.40 [1]; People v…
2Cases cited4 opinions
- People v. InsignaresAppellate Division of the Supreme Court of the State of New York · 1985
- People v. LitmanAppellate Division of the Supreme Court of the State of New York · 1984
- People v. FinleyAppellate Division of the Supreme Court of the State of New York · 1985
- People v. ViszokaiAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by10 opinions
- People v. OrtizAppellate Division of the Supreme Court of the State of New York · 1989
- People v. BebeeAppellate Division of the Supreme Court of the State of New York · 1991
- People v. CrespoAppellate Division of the Supreme Court of the State of New York · 1997
- People v. SaundersAppellate Division of the Supreme Court of the State of New York · 1990
- People v. McGrawAppellate Division of the Supreme Court of the State of New York · 1990
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