People v. Ryan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed and indictment dismissed. Memorandum: We affirm for reasons stated in the decision at County Court (Harvey, J.). We add only that the indictment must be dismissed because the unsuccessful appeal by the People precludes all further prosecution of defendant for the charges contained in the accusatory instrument (see, CPL 450.50 [2]; People v Felton, 171 AD2d 1034, affd 78 NY2d 1063). (Appeal from Order of Ontario County Court, Harvey, J.—Suppress Evidence.) Present—Pine, J. P., Fallon, Boomer, Davis and Boehm, JJ.
2Cases cited2 opinions
- People v. FeltonNew York Court of Appeals · 1991
- People v. FeltonAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by6 opinions
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1994
- People v. Alvarez-MartinezAppellate Division of the Supreme Court of the State of New York · 1993
- People v. BarrAppellate Division of the Supreme Court of the State of New York · 1993
- People v. BishopAppellate Division of the Supreme Court of the State of New York · 2004
- People v. ComerAppellate Division of the Supreme Court of the State of New York · 1993
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