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Legal Opinion

People v. Krum

Criminal Court of the City of New York

Decided January 21, 1972PublishedCited by 5 opinions

1Opinion of the CourtMorris Schwalb, J.

The uncontroverted question presently before the court is whether or not a misdemeanor may be restored to the calendar for trial after having once been dismissed on motion of the District Attorney.

Under the old 'Code of Criminal Procedure (§ 673) the question was apparently resolved in the negative. The section stated,

‘ ‘ An order for dismissal of an action, as provided in this chapter, is a bar to another prosecution for the same offense, if it be a misdemeanor; but, except as provided in section six hundred sixty-nine-a hereof, it is not a bar, if the offense charged be a felony.”

In…

2Cases cited1 opinion

  1. People v. BotazziCriminal Court of the City of New York · 1971

3Cited by5 opinions

  1. Chang v. RotkerAppellate Division of the Supreme Court of the State of New York · 1990
  2. People v. AckrishNew York Supreme Court · 1977
  3. Burris v. Superior CourtCalifornia Court of Appeal · 2002
  4. Burris v. Superior CourtCalifornia Court of Appeal · 2002
  5. People v. WoodsNassau County District Court · 1978

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