PEOPLE v. JACK


117 A.D.2d 753 (1986)

The People of the State of New York, Appellant, v. Anthony Jack, Respondent

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

February 18, 1986


Order reversed, on the law, oral motion denied, indictment reinstated without prejudice to the defendant's right to move to dismiss the indictment upon proper papers, and matter remitted to the Supreme Court, Queens County, for further proceedings. Findings of fact have not been considered.

Pursuant to CPL 210.45 (1), a motion by a defendant to dismiss an indictment in the interest of justice must be made in writing and upon reasonable notice to the People. We have...

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