People v. Ramos

CourtNew York Supreme Court Appellate Division
Writing for the CourtBefore TITONE
Citation94 A.D.2d 708,462 N.Y.S.2d 67
Decision Date02 May 1983
PartiesThe PEOPLE, etc., Appellant, v. Hector RAMOS, Respondent.

Page 67

462 N.Y.S.2d 67
94 A.D.2d 708
The PEOPLE, etc., Appellant,
v.
Hector RAMOS, Respondent.
Supreme Court, Appellate Division,
Second Department.
May 2, 1983.

Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood, Michael Yoeli and Bruce B. Berger, Brooklyn, of counsel), for appellant.

Headley & Zeitlin, Brooklyn, for respondent.

Before TITONE, J.P., and GIBBONS, NIEHOFF and BOYERS, JJ.

MEMORANDUM BY THE COURT.

Appeal by the People from an order of the Supreme Court, Kings County, entered June 18, 1982, which dismissed the defendant's indictment in the interest of justice.

Order reversed, on the law, indictment reinstated and matter remitted to Criminal Term for further proceedings consistent herewith.

A motion to dismiss an indictment must be made in writing and upon reasonable notice to the People (CPL 210.45, subd. 1; People v. Kouzelove, 72 A.D.2d 608, 421 N.Y.S.2d 114; People v. Boynton, 67 A.D.2d 982, 413 N.Y.S.2d 431). The procedural requirements of CPL 210.45 apply with equal force to a court which is considering the dismissal of an indictment upon its own motion (People v. Clayton, 41 A.D.2d 204, 342 N.Y.S.2d 106; People v. Pichkur, 52 A.D.2d 852, 382 N.Y.S.2d 565; People v. Vega, 80 A.D.2d 867, 436 N.Y.S.2d 748; People v. Boynton, supra ). The failure of Criminal Term to adhere to the procedural requirements of CPL 210.45 in this case requires reversal of the order appealed from.

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2 practice notes
  • People v. Sullivan
    • United States
    • New York Supreme Court — Appellate Division
    • July 18, 1988
    ...753, 753-754, 498 N.Y.S.2d 741, quoting from People v. Vega, 80 A.D.2d 867, 436 N.Y.S.2d 748; see also, People v. Ramos, 94 A.D.2d 708, 462 N.Y.S.2d 67). Dismissal in the interest of justice was improper for the additional reason that the record before us is insufficient to support a dismis......
  • People v. Alston
    • United States
    • New York Supreme Court Appellate Division
    • March 2, 1993
    ...dismissal of an indictment upon the court's own motion requires observance of the procedure set forth in CPL 210.45 (People v. Ramos, 94 A.D.2d 708, 462 N.Y.S.2d 67), the People were clearly on notice, as of February 15, 1990, that the court was contemplating dismissal of the indictment on ......
2 cases
  • People v. Sullivan
    • United States
    • New York Supreme Court — Appellate Division
    • July 18, 1988
    ...753, 753-754, 498 N.Y.S.2d 741, quoting from People v. Vega, 80 A.D.2d 867, 436 N.Y.S.2d 748; see also, People v. Ramos, 94 A.D.2d 708, 462 N.Y.S.2d 67). Dismissal in the interest of justice was improper for the additional reason that the record before us is insufficient to support a dismis......
  • People v. Alston
    • United States
    • New York Supreme Court Appellate Division
    • March 2, 1993
    ...dismissal of an indictment upon the court's own motion requires observance of the procedure set forth in CPL 210.45 (People v. Ramos, 94 A.D.2d 708, 462 N.Y.S.2d 67), the People were clearly on notice, as of February 15, 1990, that the court was contemplating dismissal of the indictment on ......

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