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People v. Ardito

Court of Appeals of the State of New York
Feb 8, 1983
58 N.Y.2d 842 (N.Y. 1983)

Opinion

Argued January 5, 1983

Decided February 8, 1983

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HOWARD E. GOLDFLUSS, J.

Mario Merola, District Attorney ( Steven R. Kartagener and Alan D. Marrus of counsel), for appellant.

Arnold D. Roseman and Peter J. Peluso for respondent.


Order affirmed for the reasons stated in the opinion by Justice JOHN CARRO at the Appellate Division ( 86 A.D.2d 144). In addition, we note that the District Attorney conceded on oral argument that there is no remaining evidence which would support a conviction of the defendant and therefore dismissal of the indictment is appropriate (cf. People v Bouton, 50 N.Y.2d 130, 136; People v Malagon, 50 N.Y.2d 954).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS.


Summaries of

People v. Ardito

Court of Appeals of the State of New York
Feb 8, 1983
58 N.Y.2d 842 (N.Y. 1983)
Case details for

People v. Ardito

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOHN GREGORY ARDITO…

Court:Court of Appeals of the State of New York

Date published: Feb 8, 1983

Citations

58 N.Y.2d 842 (N.Y. 1983)
460 N.Y.S.2d 22
446 N.E.2d 778

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