From Casetext: Smarter Legal Research

People v. Scheinert

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 1983
93 A.D.2d 894 (N.Y. App. Div. 1983)

Opinion

April 25, 1983


Appeal by defendant from a judgment of the County Court, Rockland County (Edelstein, J.), rendered September 9, 1982, convicting him of criminal sale of a controlled substance in the third degree, upon a plea of guilty, and imposing sentence. Judgment affirmed. This case is remitted to the County Court, Rockland County, for further proceedings pursuant to CPL 460.50 (subd 5). A review of the record and the decision on the appellant's motion to dismiss the indictment in furtherance of justice, indicates that the court, after taking into consideration, to the extent applicable, the specific factors set forth in CPL 210.40, properly exercised its discretion by denying that motion. In any event, by his plea of guilty defendant waived the issue of whether he was entitled to a hearing on his motion to dismiss the indictment. Mollen, P.J., Damiani, Titone and Mangano, JJ., concur.


Summaries of

People v. Scheinert

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 1983
93 A.D.2d 894 (N.Y. App. Div. 1983)
Case details for

People v. Scheinert

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOWARD SCHEINERT…

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

Date published: Apr 25, 1983

Citations

93 A.D.2d 894 (N.Y. App. Div. 1983)

Citing Cases

People v. Macy

Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Stark, J.), rendered April 6, 1982,…