Legal Opinion
People v. Schellenbach
Appellate Division of the Supreme Court of the State of New York
Decided November 4, 2009PublishedCited by 4 opinions
1Opinion of the Court
*713Appeal by the People from an order of the County Court, Westchester County (Bellantoni, J.), entered April 30, 2008, which granted the defendant’s motion to dismiss the indictment in furtherance of justice pursuant to CPL 210.40.
Ordered that order is reversed, as a matter of discretion in the interest of justice, the defendant’s motion to dismiss the indictment in furtherance of justice pursuant to CPL 210.40 is denied, the indictment is reinstated, and the matter is remitted to the County Court, Westchester County, for further proceedings on the indictment.
The power to dismiss an indictment…
2Cases cited4 opinions
- People v. HudsonAppellate Division of the Supreme Court of the State of New York · 1995
- People v. RahmenAppellate Division of the Supreme Court of the State of New York · 2003
- People v. BebeeAppellate Division of the Supreme Court of the State of New York · 1991
- People v. SerranoAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by4 opinions
- People v. ProfitAppellate Division of the Supreme Court of the State of New York · 2025
- People v. PfailAppellate Division of the Supreme Court of the State of New York · 2020
- People v. BookardAppellate Division of the Supreme Court of the State of New York · 2019
- People v. DaysNew York County Court, Westchester County · 2016