People v. Urcuiolio

Appellate Division of the Supreme Court of New York

People v. Urcuiolio

77 A.D.2d 579, 429 N.Y.S.2d 889, 1980 N.Y. App. Div. LEXIS 12295

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

DecidedJuly 7, 1980

StatusPublished

Cited by1 cases

This text of 77 A.D.2d 579 (People v. Urcuiolio) 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. Urcuiolio, 77 A.D.2d 579, 429 N.Y.S.2d 889, 1980 N.Y. App. Div. LEXIS 12295 (N.Y. Ct. App. 1980).

Pincite

Opinion

Appeal by the People from (1) an order of the County Court, Suffolk County, dated September 29, 1979, which, upon the court’s own motion, dismissed an indictment in the interest of justice and (2) an order of the same court, dated November 21, 1979, which denied reárgument. Appeal from order dated November 21, 1979 dismissed. No appeal lies from such an order (see CPL 450.20). Order dated September 29, 1979 reversed, on the law and as a matter of discretion in the interest of justice, and indictment reinstated. In our opinion the circumstances of this case did not amount to an instance of "exceptionally serious misconduct” by the prosecution warranting dismissal of the instant indictment (see CPL 210.40, subd 1, par [e]). Damiani, J. P., Mangano, Rabin and Margett, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by the People from (1) an order of the County Court, Suffolk County, dated September 29, 1979, which, upon the court’s own motion, dismissed an indictment in the interest of justice and (2) an order of the same court, dated November 21, 1979, which denied reárgument. Appeal from order dated November 21, 1979 dismissed. No appeal lies from such an order (see CPL 450.20). Order dated September 29, 1979 reversed, on the law and as a matter of discretion in the interest of justice, and indictment reinstated. In our opinion the circumstances of this case did not amount to an instance of "exceptionally serious misconduct” by the prosecution warranting dismissal of the instant indictment (see CPL 210.40, subd 1, par [e]). Damiani, J. P., Mangano, Rabin and Margett, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

77 A.D.2d 579, 429 N.Y.S.2d 889, 1980 N.Y. App. Div. LEXIS 12295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-urcuiolio-nyappdiv-1980.

Opinion

Related

Cite This Page — Counsel Stack