People v. Lane

Sandler, J. (concurring).

In addition to that stated in the court’s opinion, with which I agree, I would make the following observations.

The trial court’s thoughtful and careful opinion (112 Misc 2d 514) setting forth the reasons for vacating the conviction rests ultimately on several unstated assumptions. The first assumption is that a competent defense lawyer would necessarily have been sensitive to the possibility that the Criminal Procedure Law had changed the long-standing rule permitting superseding indictments to be filed after a mistrial or the reversal of a conviction, and would…