People v. Shanis

The central motion herein, despite its being bracketed with two other motions of a rather perfunctory nature, is one of considerable legal importance seldom approached and rarely considered seriously except under the most extraordinary circumstances. The two other motions shall be dealt with later in this opinion.

We now proceed to the third and most perplexing branch of this motion which seeks a dismissal of the indictment under CPL 210.40. The lack of any specific authority addressed to the unique situation involved herein invites a detailed study, analysis and history of CPL 210.40. That…