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People v. Aiken

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1998
251 A.D.2d 339 (N.Y. App. Div. 1998)

Opinion

June 1, 1998

Appeal from the Supreme Court, Kings County (Marrero, J.).


Ordered that the order is reversed, on the law, the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the indictment.

After a hearing, the Supreme Court found that there was no probable cause to support the defendant's arrest and dismissed the indictment. The People contend, and the defendant correctly concedes, that the Supreme Court was not authorized to dismiss the indictment on this ground. Lack of probable cause is not, in and of itself, one of the bases listed under CPL 210.20 for dismissal of an indictment ( see, CPL 210.20; People v. Winn, 232 A.D.2d 438, 439).

Ritter, J. P., Thompson, Altman and McGinity, JJ., concur.


Summaries of

People v. Aiken

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1998
251 A.D.2d 339 (N.Y. App. Div. 1998)
Case details for

People v. Aiken

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. NATHAN AIKEN, Respondent

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

Date published: Jun 1, 1998

Citations

251 A.D.2d 339 (N.Y. App. Div. 1998)
673 N.Y.S.2d 1012

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