People v. Dexter

Full title: THE PEOPLE, Respondent, v. DARNELL W. DEXTER, Appellant

Court: Court of Appeals of the State of New York

Date published: Dec 20, 1999

94 N.Y.2d 847 (N.Y. 1999)

703 N.Y.S.2d 64

724 N.E.2d 759

Opinion

Argued November 17, 1999

Decided December 20, 1999

Appeal from the Appellate Division of the Supreme Court in the Forth Judicial Department.

Victoria M. Anthony, for respondent.

Philip Rothschild, for appellant.

MEMORANDUM:

The order of the Appellate Division should be affirmed.

Defendant's own alternative request at Supreme Court that the original indictment be reinstated precludes this Court from reaching his current primary contention that Supreme Court did not have the authority to vacate the order dismissing the original indictment (CPL 470.05). The remainder of defendant's contentions are either unpreserved, nonreviewable or meritless.

Order affirmed, in a memorandum. Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.