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People v. Salinas

Appellate Division of the Supreme Court of New York, Second Department
Sep 9, 1996
231 A.D.2d 536 (N.Y. App. Div. 1996)

Opinion

September 9, 1996.

Appeal by the People from an order of the Supreme Court, Queens County (Appelman, J.), dated August 3, 1995, which dismissed the indictment.

Before: Miller, J. P., O'Brien, Sullivan and Florio, JJ.


Ordered that the order is reversed, on the law and as a matter of discretion in the interest of justice, the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings.

We agree with the People's contention that the court was without authority to dismiss the indictment since the reasons given by the court in support of its determination are not among the enumerated grounds set forth in CPL 210.20 ( see, People v Douglass, 60 NY2d 194). Accordingly, the indictment must be reinstated.


Summaries of

People v. Salinas

Appellate Division of the Supreme Court of New York, Second Department
Sep 9, 1996
231 A.D.2d 536 (N.Y. App. Div. 1996)
Case details for

People v. Salinas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DOMINGO SALINAS…

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

Date published: Sep 9, 1996

Citations

231 A.D.2d 536 (N.Y. App. Div. 1996)
647 N.Y.S.2d 97

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