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PEOPLE v. STEWART

230 A.D.2d 116 (1997)

656 N.Y.S.2d 210

The People of the State of New York, Appellant, v. Lynne Stewart, Respondent

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

April 8, 1997

Attorney(s) appearing for the Case

Nikki Kowalski of counsel (Mark Dwyer on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for appellant.

Stanley L. Cohen for respondent.

NARDELLI, RUBIN and TOM, JJ., concur in a Per Curiam opinion; MURPHY, P. J., dissents in a separate opinion.

Per Curiam.

If a fraud was perpetrated on a court in obtaining a judgment, there is authority for the vacatur of such a judgment (Matter of Lockett v Juviler, 65 N.Y.2d 182, 186). In fact, CPL 440.10 (1) and CPLR 5015 (a) (3) specifically provide for such a remedy. That is not the case before us. We deal in this matter with a motion pursuant to CPL 210.40 to dismiss an indictment...

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