People v. Dexter

New York Court of Appeals

People v. Dexter

724 N.E.2d 759, 94 N.Y.2d 847, 703 N.Y.S.2d 64, 1999 N.Y. LEXIS 3931

New York Court of Appeals·Decided December 20, 1999·Published·Cited by 12 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*849 Defendant’s own alternative request at Supreme Court that the original indictment be reinstated precludes this Court from reaching his current primary contention that Supreme Court did not have the authority to vacate the order dismissing the original indictment (CPL 470.05 [2]). The remainder of defendant’s contentions are either unpreserved, nonreviewable or meritless.

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Order affirmed in a memorandum.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*849 Defendant’s own alternative request at Supreme Court that the original indictment be reinstated precludes this Court from reaching his current primary contention that Supreme Court did not have the authority to vacate the order dismissing the original indictment (CPL 470.05 [2]). The remainder of defendant’s contentions are either unpreserved, nonreviewable or meritless.

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Order affirmed in a memorandum.

People v. Dexter, 724 N.E.2d 759, 94 N.Y.2d 847, 703 N.Y.S.2d 64, 1999 N.Y. LEXIS 3931 (N.Y. 1999).

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Opinion

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