People v. Marinaccio

Defendant belatedly moves on the eve of trial to dismiss the indictment, charging 18 counts of criminal contempt in the first degree (Penal Law, § 215.51). There appears no legal impediment to the consideration of this motion now (CPL 210.20, subd 2). I am satisfied with the explanation given for the delay in moving sooner. Further, a consideration of this motion now may foreclose an unnecessary and perhaps lengthy trial and the concomitant expense. In any event, a motion to dismiss after the People have put in their proof, would involve the same considerations of fact and law, with which the…