People v. Hinkley

OPINION OF THE COURT

Mario M. Albanese, J.

Defendant-appellant brings motion in this appeal to vacate the judgment of conviction obtained in the Town Justice Court and for a dismissal of the information herein on the ground the Town Justice has failed to file a return as directed in a prior order of the appellate court.

The Assistant District Attorney, citing People v Greenbaum (104 Misc 2d 1012) contends that relief requested by defendant-appellant is not the appropriate remedy, but rather that the proper procedure is for the defendant-appellant to “file a new note of issue for the Special Term…