People v. Scheinert

Appellate Division of the Supreme Court of New York

People v. Scheinert

93 A.D.2d 894, 461 N.Y.S.2d 734, 1983 N.Y. App. Div. LEXIS 17783

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

DecidedApril 25, 1983

StatusPublished

Cited by1 cases

This text of 93 A.D.2d 894 (People v. Scheinert) 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. Scheinert, 93 A.D.2d 894, 461 N.Y.S.2d 734, 1983 N.Y. App. Div. LEXIS 17783 (N.Y. Ct. App. 1983).

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Opinion

— Appeal by defendant from a judgment of the County Court, Rockland County (Edelstein, J.), rendered September 9, 1982, convicting him of criminal sale of a controlled substance in the third degree, upon a plea of guilty, and imposing sentence. Judgment affirmed. This case is remitted to the County Court, Rockland County, for further proceedings pursuant to CPL 460.50 (subd 5). A review of the record and the decision on the appellant’s motion to dismiss the indictment in furtherance of justice, indicates that the court, after taking into consideration, to the extent applicable, the specific factors set forth in CPL 210.40, properly exercised its discretion by denying that motion. In any event, by his plea of guilty defendant waived the issue of whether he was entitled to a hearing on his motion to dismiss the indictment. Mollen, P. J., Damiani, Titone and Mangano, JJ., concur.

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— Appeal by defendant from a judgment of the County Court, Rockland County (Edelstein, J.), rendered September 9, 1982, convicting him of criminal sale of a controlled substance in the third degree, upon a plea of guilty, and imposing sentence. Judgment affirmed. This case is remitted to the County Court, Rockland County, for further proceedings pursuant to CPL 460.50 (subd 5). A review of the record and the decision on the appellant’s motion to dismiss the indictment in furtherance of justice, indicates that the court, after taking into consideration, to the extent applicable, the specific factors set forth in CPL 210.40, properly exercised its discretion by denying that motion. In any event, by his plea of guilty defendant waived the issue of whether he was entitled to a hearing on his motion to dismiss the indictment. Mollen, P. J., Damiani, Titone and Mangano, JJ., concur.

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Bluebook (online)

93 A.D.2d 894, 461 N.Y.S.2d 734, 1983 N.Y. App. Div. LEXIS 17783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-scheinert-nyappdiv-1983.

Opinion

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