From Casetext: Smarter Legal Research

People v. Figueroa

Appellate Division of the Supreme Court of New York, First Department
Apr 7, 1994
203 A.D.2d 72 (N.Y. App. Div. 1994)

Opinion

April 7, 1994

Appeal from the Supreme Court, Bronx County (Ira Globerman, J.).


It was not an abuse of discretion to deny defendant's motion to dismiss the indictment pursuant to CPL 210.40, which, we note, was untimely because not made within 45 days after arraignment (CPL 255.10 [a]; 255.20 [1], [3]). Firing gunshots into a residential street, under circumstances, which, as described by the court during sentencing, "were frightening, perhaps even terrifying", but "had not progressed to a point involving any threat to human safety", is a serious crime that left unpunished would undermine public confidence in the criminal justice system.

Concur — Carro, J.P., Wallach, Asch, Nardelli and Williams, JJ.


Summaries of

People v. Figueroa

Appellate Division of the Supreme Court of New York, First Department
Apr 7, 1994
203 A.D.2d 72 (N.Y. App. Div. 1994)
Case details for

People v. Figueroa

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADOLFO FIGUEROA…

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

Date published: Apr 7, 1994

Citations

203 A.D.2d 72 (N.Y. App. Div. 1994)
610 N.Y.S.2d 25

Citing Cases

People v. Ramseur

CPL 255.20(1); People v. Figueroa, 203 A.D.2d 72, 610 N.Y.S.2d 25 (1st Dept.1994)(not abuse of discretion to…

People v. Guisti

Further, it is of no moment that the defendant's actions did not cause actual physical harm ( People v.…