PEOPLE v. CILELI


137 A.D.2d 829 (1988)

The People of the State of New York, Appellant, v. Errol Cileli and Rebecca Basank, Respondents

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

February 29, 1988


Ordered that the order is reversed, on the law, the indictment is reinstated, and the matter remitted to the Supreme Court, Queens County, for further proceedings.

On the date scheduled for trial, the People failed to produce the complaining witnesses. Criminal Term sua sponte dismissed the indictment without setting forth its reasons or rationale. We conclude that the court erred in dismissing the indictment.

CPL 210.20 (1) authorizes the dismissal...

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