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PEOPLE v. CLARK

123 Misc.2d 674 (1984)

The People of the State of New York, Plaintiff, v. Cicily Clark, Defendant.

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

April 5, 1984

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Michael J. Meagher of counsel), for plaintiff. Caesar Cirigliano and Victor Genecin for defendant.

ALAN D. MARRUS, J.

Is it in the furtherance of justice to dismiss the defendant's criminal case, where the People previously moved to adjourn the case in contemplation of dismissal and the defendant consented, but now the People have moved to restore the case to the calendar for the sole reason that the defendant has commenced a civil lawsuit against the civilian complainant that filed the criminal charges? The court holds that dismissal of the charges...

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