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People v. Green

Appellate Division of the Supreme Court of New York, First Department
Dec 6, 1990
168 A.D.2d 264 (N.Y. App. Div. 1990)

Opinion

December 6, 1990

Appeal from the Supreme Court, New York County (Murray Mogel, J.).


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 justify defendant's failure to obey a lawful court mandate that he appear to answer that charge (People v. Holcombe, 89 A.D.2d 644), and accordingly does not constitute a "compelling factor * * * clearly demonstrating" that conviction of bail jumping would constitute an injustice. (CPL 210.40.) We have considered the defendant's other contentions and find them to be without merit.

Concur — Sullivan, J.P., Milonas, Rosenberger, Ellerin and Rubin, JJ.


Summaries of

People v. Green

Appellate Division of the Supreme Court of New York, First Department
Dec 6, 1990
168 A.D.2d 264 (N.Y. App. Div. 1990)
Case details for

People v. Green

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUSSELL GREEN…

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

Date published: Dec 6, 1990

Citations

168 A.D.2d 264 (N.Y. App. Div. 1990)
562 N.Y.S.2d 623