Legal Opinion

People v. Benevento

Appellate Division of the Supreme Court of the State of New York

Decided November 4, 1977PublishedCited by 11 opinions

1Opinion of the Court

Order unanimously reversed, on the law and the facts, indictment reinstated, and case remitted to the Monroe County Court for a hearing in accordance with the following memorandum: The People have appealed from an order dismissing an indictment charging defendant with criminal possession of a forged instrument, second degree. The sole issue is whether the trial court abused its discretion in dismissing the indictment in the furtherance of justice pursuant to CPL 210.40. The court gave as its reasons for granting the motion: that because the check for $75 was never negotiated, no one suffered…

2Cases cited7 opinions

  1. People v. ClaytonAppellate Division of the Supreme Court of the State of New York · 1973
  2. People v. WingardNew York Court of Appeals · 1973
  3. People v. BelkotaAppellate Division of the Supreme Court of the State of New York · 1975
  4. People v. Kwok Ming ChanAppellate Division of the Supreme Court of the State of New York · 1974
  5. People v. TrottieAppellate Division of the Supreme Court of the State of New York · 1975

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

3Cited by11 opinions

  1. People v. SchlesselAppellate Division of the Supreme Court of the State of New York · 1984
  2. People v. HirschAppellate Division of the Supreme Court of the State of New York · 1981
  3. People v. O'GradyCriminal Court of the City of New York · 1997
  4. People v. CohenCriminal Court of the City of New York · 1981
  5. People v. Williams, New York County Courts1978

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

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