People v. Booker
Opinion of the Court
The court should have afforded the People an adequate opportunity to contest the dismissal based upon the interest of justice. Further, the court was required to set forth, on the record, its reasons for the dismissal based upon that ground (see, CPL 210.40 [3]). We note that the court cannot dismiss the indictment in the interest of justice merely because the People did not move the case to trial within a period of time deemed reasonable by the court (see, Matter of Holtzman v Goldman, 71 NY2d 564). Lawrence, J. P., Kunzeman, Fiber and Balletta, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.