PEOPLE v. GREEN


168 A.D.2d 264 (1990)

The People of the State of New York, Respondent, v. Russell Green, Appellant

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

December 6, 1990


Defendant, released on bail on a charge of robbery in the first degree, failed to appear in court on April 16, 1987, and was returned involuntarily to court on a bench warrant on September 1, 1987. The trial court did not abuse its discretion in denying defendant's motion to dismiss the indictment in furtherance of justice pursuant to CPL 210.40, on the ground that defendant's sister had recently died. That the underlying robbery indictment was ultimately dismissed did not...

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