PEOPLE v. RICKERT


58 N.Y.2d 122 (1983)

The People of the State of New York, Respondent, v. Richard J. Rickert, Jr., Appellant. The People of the State of New York, Respondent, v. Richard A. Boyer, Eugene W. Black, Fred O. T. Agyeman and Robert L. Brown, Appellants.

Court of Appeals of the State of New York.

Decided February 15, 1983.


Attorney(s) appearing for the Case

Thomas D. Keleher for appellant in the first above-entitled action.

Susan R. Horn, Robert H. Whorf and Gerald T. Barth for Richard A. Boyer and others, appellants in the second above-entitled action. Joseph J. Heath for Robert L. Brown, appellant in the second above-entitled action.

Richard A. Hennessy, Jr., District Attorney (John A. Cirando and Gail N. Uebelhoer of counsel), for respondent in the first and second above-entitled actions.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.


FUCHSBERG, J.

The questions posed in common by these five appeals call upon us to interpret CPL 170.40 for the first time since it was amended in 1979 (L 1979, ch 216, § 1, eff Jan. 1, 1980). Particularly, these probe a local criminal court's authority to dismiss an information in the interest of justice.

In each case, the Onondaga County Court, in the exercise of its appellate jurisdiction (CPL...

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