People v. Dexter

Pine, J. P.

(dissenting in part). I respectfully dissent in part. We are faced with reviewing a record in a criminal case involving charges of murder and robbery, among others, where both the People and defendant seek to avoid consequences of having sought and obtained certain relief. The majority takes the position that the initial relief sought and obtained by the People, on a motion in which defendant joined, i.e., dismissal of the original indictment by County Court (Burke, J.), was a nullity and thus that the first indictment in fact remained valid. I agree with the majority that leave to…