People v. McAlister
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered September 8, 1999, convicting him of robbery in the first degree and assault in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The trial court properly exercised its discretion in denying the defendant’s motion to dismiss the indictment in the interest of justice pursuant to CPL 210.40 on the ground that he suffers from AIDS. The court engaged in a thorough analysis and consideration of the relevant factors and the circumstances of the…
2Cases cited2 opinions
- People v. ClaytonAppellate Division of the Supreme Court of the State of New York · 1973
- People v. RickertNew York Court of Appeals · 1983
3Cited by4 opinions
- People v. ShermanAppellate Division of the Supreme Court of the State of New York · 2006
- People v. MoyeAppellate Division of the Supreme Court of the State of New York · 2003
- People v. ScottAppellate Division of the Supreme Court of the State of New York · 2004
- People v. TaylorAppellate Division of the Supreme Court of the State of New York · 2003