Hennessy v. Gorman

OPINION OF THE COURT

Defendants were indicted by the Grand Jury for the crimes of grand larceny in the third degree and petit larceny. The felony charges of grand larceny in the third degree were dismissed for insufficiency of the evidence presented to the Grand Jury leaving undisposed the misdemeanor charges of petit larceny. On a later appearance, the Supreme Court, with the acquiescence of the District Attorney, granted each defendant an adjournment in contemplation of dismissal (ACD). We hold that an ACD is not available to dismiss charges contained in an indictment. *30CPL 170.55 (subd 1)…