Legal Opinion
People v. Nocera
Appellate Division of the Supreme Court of the State of New York
Decided January 22, 1985PublishedCited by 5 opinions
1Opinion of the Court
— Appeal by defendant from a judgment of the County Court, Suffolk County (Seidell, J.), rendered December 5, 1980, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence. This appeal brings up for review the denial of defendant’s motion to dismiss the indictment in the furtherance of justice.
Judgment affirmed.
There was no compelling factor within the meaning of CPL 210.40 which would warrant dismissal of the indictment in the furtherance of justice (see, generally, People v Viszokai, 99 AD2d 519). Inflammatory and otherwise improper comments were made by…
2Cases cited4 opinions
- People v. GallowayNew York Court of Appeals · 1981
- People v. HokeNew York Court of Appeals · 1984
- People v. ViszokaiAppellate Division of the Supreme Court of the State of New York · 1984
- People v. RosemanAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by5 opinions
- People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1989
- People v. MonroigAppellate Division of the Supreme Court of the State of New York · 1985
- People v. RascioAppellate Division of the Supreme Court of the State of New York · 1988
- People v. QuickAppellate Division of the Supreme Court of the State of New York · 1990
- People v. BartlettAppellate Division of the Supreme Court of the State of New York · 1987