Legal Opinion
People v. Williams
Appellate Terms of the Supreme Court of New York
Decided October 20, 2000PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order entered January 12, 1999 reversed, on the law, the accusatory instrument is reinstated, and the matter remanded to Criminal Court for further proceedings.
The order of dismissal summarily issued by the arraignment court was procedurally flawed since, so far as shown during the brief colloquy preceding the court’s action, any perceived defect in the accusatory instrument could be remedied by appropriate amendment (see, CPL 140.45; People v Gonzalez, 184 Misc 2d 262, lv denied 95 NY2d 835). Nor was the dismissal order authorized under CPL 170.30 (1), which permits a…
3Cases cited7 opinions
- People v. CaseNew York Court of Appeals · 1977
- People v. BrownNew York Court of Appeals · 1976
- Matter of Davan L.New York Court of Appeals · 1997
- People v. CoppaNew York Court of Appeals · 1978
- People v. GonzalezAppellate Terms of the Supreme Court of New York · 2000
2 more not listed; retrieve them via the Exa API.
4Cited by1 opinion
- People v. CobbCriminal Court of the City of New York · 2003