People v. Ardito
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Order affirmed for the reasons stated in the opinion by Justice John Carro at the Appellate Division (86 AD2d 144). In addition, we note that the District Attorney conceded on oral argument that there is no remaining evidence which would support a conviction of the defendant and therefore dismissal of the indictment is appropriate (cf. People v Bouton, 50 NY2d 130, 136; People v Malagon, 50 NY2d 954).
*844Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons.
2Cases cited3 opinions
- People v. BoutonNew York Court of Appeals · 1980
- People v. MalagonNew York Court of Appeals · 1980
- People v. ArditoAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by8 opinions
- People v. AlwadishNew York Court of Appeals · 1986
- People v. BarberAppellate Division of the Supreme Court of the State of New York · 1983
- People v. DiazAppellate Division of the Supreme Court of the State of New York · 1995
- People v. EliasAppellate Division of the Supreme Court of the State of New York · 1990
- People v. TaiNew York Supreme Court · 1989
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