The defendant herein, by a notice of motion, seeks "an order dismissing the information against the defendant."
Section 313 of the Code of Criminal Procedure provides for setting aside an indictment in the two cases therein specified, "but in no other." The defendant's motion papers (the notice of motion and an accompanying affidavit) do not come within the purview of that section...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.