Legal Opinion
People v. Stewart
Appellate Division of the Supreme Court of the State of New York
Decided April 8, 1997PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
If a fraud was perpetrated on a court in obtaining a judgment, there is authority for the vacatur of such a judgment (Matter of Lockett v Juviler, 65 NY2d 182, 186). In fact, CPL 440.10 (1) and CPLR 5015 (a) (3) specifically provide for such a remedy. That is not the case before us. We deal in this matter with a motion pursuant to CPL 210.40 to dismiss an indictment in "furtherance of justice.”
Defendant, an attorney, was defense counsel for Dominick Maldonado, one of six persons indicted in a drug conspiracy case. One of the other persons indicted, Susan Chang, who has…
3Cases cited17 opinions
- People v. ClaytonAppellate Division of the Supreme Court of the State of New York · 1973
- Priest v. HennessyNew York Court of Appeals · 1980
- Matter of Lyons v. GoldsteinNew York Court of Appeals · 1943
- People v. BrelandNew York Court of Appeals · 1994
- In re the Appointment of a Guardian for Jacqueline F.New York Court of Appeals · 1979
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4Cited by4 opinions
- People v. SchweitzerAppellate Division of the Supreme Court of the State of New York · 2011
- People v. BetancesAppellate Terms of the Supreme Court of New York · 2002
- People v. RosenthalAppellate Division of the Supreme Court of the State of New York · 2003
- People v. Sant (Dennis)Appellate Terms of the Supreme Court of New York · 2017