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Legal Opinion

Holtzman v. Goldman

New York Court of Appeals

Decided April 26, 1988PublishedCited by 667 opinions

1Opinion of the Court

OPINION OF THE COURT

Simons, J.

This appeal questions whether a Judge presiding over a criminal prosecution has the power to dispose of the matter before him by entering a nonappealable trial order of dismissal on the merits even though no evidence is presented and the merits of the case have not yet been heard. The question arises because on the day this case was scheduled for trial, the People were unable to locate the complaining witness and requested a further adjournment. The court denied the request, ordered the People to start trial immediately and *567when they were unable to do so,…

2Cases cited21 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Tibbs v. FloridaSupreme Court of the United States · 1982
  3. Rush v. MordueNew York Court of Appeals · 1986
  4. MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
  5. La Rocca v. LaneNew York Court of Appeals · 1975

16 more not listed; retrieve them via the Exa API.

3Cited by667 opinions

  1. MTR. OF STORTECKY v. MazzoneNew York Court of Appeals · 1995
  2. MATTER OF PIRRO v. AngiolilloNew York Court of Appeals · 1996
  3. MATTER OF TOWN OF HUNTINGTON v. New York State Div. of Human RightsNew York Court of Appeals · 1993
  4. People v. LaingNew York Court of Appeals · 1992
  5. People v. CaussadeAppellate Division of the Supreme Court of the State of New York · 1990

662 more not listed; retrieve them via the Exa API.

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