From Casetext: Smarter Legal Research

People v. Gonzalez

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 1977
58 A.D.2d 816 (N.Y. App. Div. 1977)

Opinion

July 5, 1977


Appeal, as limited by the People's brief, from so much of an order of the Supreme Court, Queens County, dated December 16, 1975, as, upon reargument, adhered to a prior determination granting defendant-respondent's motion to dismiss the indictment against him, with leave to resubmit. Order affirmed insofar as appealed from. We note that in granting the motion for leave to reargue after the time to appeal from the prior determination had expired, the Criminal Term exceeded its powers (see CPL 460.10, subd 1). Such practice cannot be used to extend the time to appeal, which had expired before the motion for reargument was made. Latham, J.P., Shapiro, Hawkins and Suozzi, JJ., concur.


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 1977
58 A.D.2d 816 (N.Y. App. Div. 1977)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JORGE GONZALEZ…

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

Date published: Jul 5, 1977

Citations

58 A.D.2d 816 (N.Y. App. Div. 1977)