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PEOPLE v. CUNNINGHAM

106 Misc.2d 326 (1980)

The People of the State of New York, Plaintiff, v. Bruce Cunningham, Nancy Bradford and Wilfredo Garcia, Defendants.

Criminal Court of the City of New York, Kings County.

August 22, 1980

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Stewart Leigh Orden and Richard Wechter of counsel), for plaintiff. Leon Polsky and Henry M. Jasny for defendants.

HERBERT KRAMER, J.

The question before the court is whether the renewal of criminal prosecution by the restoration of an adjournment in contemplation of dismissal (ACD) because of the failure of restitution due to indigency in the six-month period between disposition and final dismissal is permissible. We hold that it is not, and this matter is dismissed in the interest of justice.*

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