People v. Ryan

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DAVID RYAN, Respondent

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

Date published: Jul 16, 1993

195 A.D.2d 1053 (N.Y. App. Div. 1993)

601 N.Y.S.2d 895

Opinion

July 16, 1993

Appeal from the Ontario County Court, Harvey, J.

Present — Pine, J.P., Fallon, Boomer, Davis and Boehm, JJ.

Order unanimously affirmed and indictment dismissed. Memorandum: We affirm for reasons stated in the decision at County Court (Harvey, J.). We add only that the indictment must be dismissed because the unsuccessful appeal by the People precludes all further prosecution of defendant for the charges contained in the accusatory instrument (see, CPL 450.50; People v. Felton, 171 A.D.2d 1034, affd 78 N.Y.2d 1063).