People v. Ray
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the People from an order of the Supreme Court, Kings County, entered August 17, 1976, which granted defendant-respondent’s oral motion to dismiss the indictment for failure to prosecute. Order reversed, on the law, and indictment reinstated. By statute, a motion to dismiss an indictment must be made in writing and upon notice to the People (CPL 210.45, subd 1; see, also, People v Pichkur, 52 AD2d 852; People v Ryan, 42 AD2d 869; People v Trottie, 47 AD2d 751). The failure to comply with this requirement, unless consented to by the District Attorney, is reversible error (see People v…
2Cases cited6 opinions
- People v. TrottieAppellate Division of the Supreme Court of the State of New York · 1975
- People v. PichkurAppellate Division of the Supreme Court of the State of New York · 1976
- People v. RaoAppellate Division of the Supreme Court of the State of New York · 1976
- People v. RyanAppellate Division of the Supreme Court of the State of New York · 1973
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. FattizziAppellate Terms of the Supreme Court of New York · 1978
- People v. JackAppellate Division of the Supreme Court of the State of New York · 1986
- People v. TraitAppellate Division of the Supreme Court of the State of New York · 1979
- People v. JordanAppellate Division of the Supreme Court of the State of New York · 1983
- People v. Ortreger (Joseph)Appellate Terms of the Supreme Court of New York · 2017
1 more not listed; retrieve them via the Exa API.