People v. Wright
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed on the law, indictment reinstated and matter remitted to Supreme Court for further proceedings on the indictment. Memorandum: The People appeal from an order that dismissed the indictment against defendant in furtherance of justice pursuant to CPL 210.40 (1). We agree with the People that Supreme Court abused its discretion in, sua sponte, dismissing the indictment on that ground. “On this record, it has not been demonstrated that there are sufficient ‘compelling’ factors to warrant dismissal of the indictment (CPL 210.40 [1]; People v Rickert, 58 NY2d 122; People v…
2Cases cited4 opinions
- People v. ClaytonAppellate Division of the Supreme Court of the State of New York · 1973
- People v. RickertNew York Court of Appeals · 1983
- People v. BebeeAppellate Division of the Supreme Court of the State of New York · 1991
- People v. RuckerAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by6 opinions
- People v. CasterNew York Supreme Court · 2011
- People v. ScottAppellate Division of the Supreme Court of the State of New York · 2001
- People v. WalkerNew York Supreme Court · 2008
- People v. CruteAppellate Division of the Supreme Court of the State of New York · 2025
- People v. RaffertyAppellate Division of the Supreme Court of the State of New York · 2019
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