People v. Dowling

344 N.E.2d 57, 38 N.Y.2d 771, 381 N.Y.S.2d 228, 1975 N.Y. LEXIS 2374

Opinion

Motion for reargument granted to the extent of revising the memorandum of the Court of Appeals by inserting the words "and whether the lower court denied the motion addressed to the indictment on its merits or refused to entertain it, its disposition of the application was entirely within its discretion (CPL 210.20, subd 2)” in place of the words "and so the lower courts acted within their discretion in refusing to consider it (CPL 210.20, subd 2)”; motion otherwise denied. [See 37 NY2d 913.]