PEOPLE v. HARTIGAN


90 A.D.2d 506 (1982)

The People of the State of New York, Appellant, v. Richard Hartigan, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 12, 1982


Order reversed, on the law, motion denied and the indictment is reinstated.

Although the Justice at Criminal Term was correct that he could not reverse a prior order of a Justice of co-ordinate jurisdiction, which order dismissed an earlier indictment against defendant with leave to resubmit, the prior order is not binding on this court as law of the case (see Wilson v McCarthy, 53 A.D.2d 860). That order was incorrectly...

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