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People v. Delaney

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1981
80 A.D.2d 835 (N.Y. App. Div. 1981)

Opinion

March 2, 1981


Appeal by the People from an order of the Supreme Court, Kings County, dated November 19, 1979, which granted defendant's motion to dismiss his indictment, in the interest of justice. Order affirmed. A promise of leniency was made to the defendant by law enforcement officials to gain his co-operation in a pending unrelated criminal investigation. Accordingly, defendant performed valuable services which exposed him to great danger. Under these circumstances, the dismissal of the indictment was an appropriate exercise of the trial court's discretion (see People v. Argentine, 71 A.D.2d 869). Although the agreed services were not completely performed, the failure to adequately protect the defendant from the threats of the target of the investigation excused further performance. The failure to enforce the District Attorney's promise would do substantial injustice, not only to the defendant but to the public which is entitled to have the benefit of future co-operation (see Matter of Chaipis v. State Liq. Auth., 44 N.Y.2d 57, 65). Gibbons, J.P., Rabin, Gulotta and Margett, JJ., concur.


Summaries of

People v. Delaney

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1981
80 A.D.2d 835 (N.Y. App. Div. 1981)
Case details for

People v. Delaney

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. GERALD DELANEY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 2, 1981

Citations

80 A.D.2d 835 (N.Y. App. Div. 1981)

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