People v. McNamara
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1249Memorandum: On this appeal by the People from an order granting defendant’s motion to dismiss the indictment, we reject at the outset their contention that County Court lacked authority to grant defendant’s motion because the court granted the motion upon a ground that was not timely asserted. According to the People, the only timely asserted ground for dismissal was that the People failed to inform defense counsel of charges other than the initial drug charges against defendant, but the court granted the motion on a different ground, i.e., that defendant’s notice of appearance served as his…
2Cases cited3 opinions
- People v. SantmyerAppellate Division of the Supreme Court of the State of New York · 1998
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2005
- People v. WoodardAppellate Division of the Supreme Court of the State of New York · 1993