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PEOPLE v. SPELLMAN

233 A.D.2d 254 (1996)

650 N.Y.S.2d 132

The People of the State of New York, Appellant, v. Robert Spellman, Respondent

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

November 26, 1996

The trial court clearly exceeded its authority by issuing a trial order of dismissal before commencement of the trial. Pursuant to CPL 290.10 (1) (a), the trial court can issue a trial order of dismissal only upon motion of the defendant at the conclusion of the People's case or at the conclusion of all of the evidence. "The plain language of the statute manifests the Legislature's intention only to grant the court the power to...

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