New York Court of Appeals, 1965

People v. Ruggerio

New York Court of Appeals · Decided May 20, 1965

16 N.Y.2d 550; 208 N.E.2d 465; 260 N.Y.S.2d 659; 1965 N.Y. LEXIS 1357

Cases that cite this one

1 later published case cites this decision.

People v. Knight (New York County Courts 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order, insofar as it dismisses the information, reversed and a new trial ordered in a memorandum. Where there is no record of the testimony and the proceedings had upon a trial without fault of the Justice, the judgment of conviction should be reversed and a new trial ordered. Under the circumstances of this case, the County Court lacked the power, as a matter of law, to dismiss the information. (People v. Saalfield, 14 N Y 2d 915, *551917; People v. Kaplan, 278 App. Div. 665; People v. Cittrola, 213 App. Div. 674, 677.)

Concur: Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan. Chief Judge Desmond dissents and votes to affirm upon the ground that the County Court had power in this situation under section 764 of the Code of Criminal Procedure to dismiss the information.

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