People v. Nadeem

Appellate Division of the Supreme Court of New York

People v. Nadeem

276 A.D.2d 567, 714 N.Y.S.2d 243, 2000 N.Y. App. Div. LEXIS 10165

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

DecidedOctober 10, 2000

StatusPublished

Cited by1 cases

This text of 276 A.D.2d 567 (People v. Nadeem) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Nadeem, 276 A.D.2d 567, 714 N.Y.S.2d 243, 2000 N.Y. App. Div. LEXIS 10165 (N.Y. Ct. App. 2000).

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Opinion

Appeal by the People from so much of an order of the County Court, Suffolk County (Corso, J.), dated April 6, 2000, as, after a hearing, granted that branch of the defendant’s motion which was to dismiss counts one and two of Suffolk County Indictment No. 1674/98 pursuant to CPL 210.40 (1).

Ordered that the order is reversed insofar as appealed from, that branch of the defendant’s motion which was to dismiss counts one and two of Suffolk County Indictment No. 1674/98 is denied, those counts of the indictment are reinstated, and the matter is remitted to the County Court, Suffolk County, for further proceedings.

Upon our review of the factors set forth in CPL 210.40 (1), we conclude that dismissal of the felony counts charging the defendant with criminal possession of a forged instrument in the second degree (Penal Law § 170.25) and offering a false instrument for filing in the first degree (Penal Law § 175.35) was not warranted (see, People v Pittman, 228 AD2d 225; People v Hudson, 217 AD2d 53; People v Boyde, 213 AD2d 1064; People v Cileli, 137 AD2d 829). Santucci, J. P., Thompson, Sullivan and Goldstein, JJ., concur.

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Appeal by the People from so much of an order of the County Court, Suffolk County (Corso, J.), dated April 6, 2000, as, after a hearing, granted that branch of the defendant’s motion which was to dismiss counts one and two of Suffolk County Indictment No. 1674/98 pursuant to CPL 210.40 (1).

Ordered that the order is reversed insofar as appealed from, that branch of the defendant’s motion which was to dismiss counts one and two of Suffolk County Indictment No. 1674/98 is denied, those counts of the indictment are reinstated, and the matter is remitted to the County Court, Suffolk County, for further proceedings.

Upon our review of the factors set forth in CPL 210.40 (1), we conclude that dismissal of the felony counts charging the defendant with criminal possession of a forged instrument in the second degree (Penal Law § 170.25) and offering a false instrument for filing in the first degree (Penal Law § 175.35) was not warranted (see, People v Pittman, 228 AD2d 225; People v Hudson, 217 AD2d 53; People v Boyde, 213 AD2d 1064; People v Cileli, 137 AD2d 829). Santucci, J. P., Thompson, Sullivan and Goldstein, JJ., concur.

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Bluebook (online)

276 A.D.2d 567, 714 N.Y.S.2d 243, 2000 N.Y. App. Div. LEXIS 10165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nadeem-nyappdiv-2000.

Opinion

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