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  5. 71 N.Y.2d 564 (1988)
 

MATTER OF HOLTZMAN v. GOLDMAN

71 N.Y.2d 564 (1988)

In the Matter of Elizabeth Holtzman, Appellant, v. Richard Goldman, as Justice of the Supreme Court of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 26, 1988.

Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Janet M. Berk and Barbara D. Underwood of counsel), appellant, pro se.

Robert Abrams, Attorney-General (Darren O'Connor, O. Peter Sherwood and Lawrence S. Kahn of counsel), for Richard Goldman, respondent.

Judges KAYE, ALEXANDER, HANCOCK, JR., and DILLON concur with Judge SIMONS; Judge BELLACOSA dissents and votes to affirm in a separate opinion in which Chief Judge WACHTLER concurs.

SIMONS, J.

This appeal questions whether a Judge presiding over a criminal prosecution has the power to dispose of the matter before him by entering a nonappealable trial order of dismissal on the merits even though no evidence is presented and the merits of the case have not yet been heard. The question arises because on the day this case was scheduled for trial, the People were unable to locate the complaining...

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