PEOPLE v. SMITH


109 A.D.2d 637 (1985)

The People of the State of New York, Appellant, v. Gilbert Smith, Respondent

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

March 12, 1985


On this appeal by the People from an order granting defendant's motion to dismiss in the interest of justice an indictment charging him with robbery in the first and second degrees and assault in the second degree, the single ground urged is that the court appeared to have based this determination on the circumstance that the People had delayed perfecting an appeal from a previous order vacating the defendant's conviction of the counts in the indictment because his trial...

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