Legal Opinion

People v. Pichkur

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 1976PublishedCited by 11 opinions

1Opinion of the Court

Appeal by the People from an order of the Supreme Court, Kings County, dated April 8, 1975, which, upon the court’s own motion, dismissed the indictment for failure to prosecute. Order reversed, on the law, and indictment reinstated, without prejudice to defendants’ right to move to dismiss the indictment pursuant to CPL 210.20. No findings of fact have been considered. A motion to dismiss an indictment must be made in writing and upon reasonable notice to the People (CPL 210.45, subd 1; People v Trottie, 47 AD2d 751; People v Ryan, 42 AD2d 869). It requires a hearing, at which time the court…

2Cases cited4 opinions

  1. People v. ClaytonAppellate Division of the Supreme Court of the State of New York · 1973
  2. People v. Kwok Ming ChanAppellate Division of the Supreme Court of the State of New York · 1974
  3. People v. TrottieAppellate Division of the Supreme Court of the State of New York · 1975
  4. People v. RyanAppellate Division of the Supreme Court of the State of New York · 1973

3Cited by11 opinions

  1. People v. VegaAppellate Division of the Supreme Court of the State of New York · 1981
  2. People v. RaoAppellate Division of the Supreme Court of the State of New York · 1976
  3. People v. RayAppellate Division of the Supreme Court of the State of New York · 1977
  4. People v. JackAppellate Division of the Supreme Court of the State of New York · 1986
  5. People v. KovzeloveAppellate Division of the Supreme Court of the State of New York · 1979

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