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People v. Novack

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1980
74 A.D.2d 652 (N.Y. App. Div. 1980)

Opinion

February 25, 1980


Appeal by the People from an order of the Supreme Court, Queens County, dated April 10, 1979, which, upon defendants' motion to dismiss the indictment in the interest of justice, dismissed the indictment on the ground that defendants had been denied their right to a speedy trial. Order reversed, on the law, and indictment reinstated. Criminal Term erred in dismissing the indictment on a ground other than that set forth by the defendants in their motion to dismiss (cf. People v. Kovzelove, 72 A.D.2d 608). On the facts presented in the instant record, dismissal of the indictment was not warranted in the interest of justice (see People v. Clayton, 41 A.D.2d 204). Gibbons, J.P., Rabin, Gulotta and Cohalan, JJ., concur.


Summaries of

People v. Novack

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1980
74 A.D.2d 652 (N.Y. App. Div. 1980)
Case details for

People v. Novack

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KATHLEEN NOVACK and…

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

Date published: Feb 25, 1980

Citations

74 A.D.2d 652 (N.Y. App. Div. 1980)

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