People v. Schlessel
Opinion of the Court
— Appeal by defendant from a judgment of the County Court, Suffolk County (Doyle, J.), rendered November 5, 1981, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence.
Judgment affirmed.
On October 27, 1980, defendant was indicted for rape in the first degree. Thereafter, he moved to dismiss the indictment pursuant to CPL 210.20 upon the ground, inter alia, that a dismissal was required in furtherance of justice (CPL 210.40). That motion was denied without a hearing on August 7, 1981, and on this appeal from the ensuing judgment of conviction, defendant maintains, inter alia, that the'summary denial of his motion to dismiss in the furtherance of justice was erroneous.
We disagree.
People v Benevento (59 AD2d 1029), upon which the defendant relies, is distinguishable on its facts and does not compel a contrary result. There, the County Court had granted the defendant’s motion to dismiss an indictment in the furtherance of justice without conducting a hearing, and the Appellate Division, Fourth Department, reversed and remitted the matter for further proceedings stating: “The discretion of the trial court to dismiss an indictment in furtherance of justice pursuant to CPL 210.40 is not absolute (People v Kwok Ming Chan, 45 AD2d 613, 615-616; and see People v Wingard, 33 NY2d 192, 196), but requires a value judgment ‘based upon a “sensitive” balancing of the interests of the individual and the State’ (People v Belkota, 50 AD2d 118, 120; and see People v Isaacson, 56 AD2d 220, 224; People v Trottie, 47 AD2d 751; People v Clayton [41 AD2d 204]). There appears upon this record no [proof adduced at a hearing] upon which the court could make such a value judgment. The informal procedure followed here is not sanctioned by the cases (see People v Clayton, supra; People v Scroggins, 56 AD2d 856), and to dismiss the indictment without proof of the matters considered by the court in its decision was an abuse of discretion”.
Here, however, unlike Benevento, no facts have even been alleged which would tend to establish the defendant’s entitlement to the dismissal which he seeks (see CPL 210.40). Accordingly, a hearing was unnecessary (CPL 210.45, subd 5).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.