Legal Opinion
People v. Rucker
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1988PublishedCited by 6 opinions
1Opinion of the Court
— Order unanimously reversed on the law, indictment reinstated and matter remitted to Monroe County Court for further proceedings on the indictment. Memorandum: 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 Clayton, 41 AD2d 204). While the question of whether to dismiss an indictment in the interest of justice is addressed to the discretion of the court, that discretion is not absolute (People v Hirsch, 85 AD2d 902). The trial court’s discretion should…
2Cases cited5 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. InsignaresAppellate Division of the Supreme Court of the State of New York · 1985
- People v. BelkotaAppellate Division of the Supreme Court of the State of New York · 1975
- People v. HirschAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by6 opinions
- People v. OrtizAppellate Division of the Supreme Court of the State of New York · 1989
- People v. BebeeAppellate Division of the Supreme Court of the State of New York · 1991
- People v. Premier House, Inc.Criminal Court of the City of New York · 1997
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 2000
- People v. LoriaAppellate Division of the Supreme Court of the State of New York · 1995
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