Cases

OPINION OF THE COURT Fuchsberg, J. On this appeal from an order upholding a conviction in a criminal case,1 we are called upon to decide, inter alia, whether the trial court should have denied a motion to dismiss the indictment when the District Attorney, at the time he presented the case to the Grand Jury, was also counsel to and a stockholder of the corporation in the

OPINION OF THE COURT Joseph D. Valentino, J. This is a decision on defendant’s request for an order pursuant to CPL 216.05 (4) granting her the opportunity to participate in the Judicial Diversion Program (JDP) or, in the alternative, dismissing the indictment in the furtherance of justice pursuant to CPL 210.40 and 210.20 (1) (i). Defense counsel asserted that the People intentionally manipulated the gra

OPINION OF THE COURT Richard B. Meyer, J. *303Motion by defendant for appointment of a special prosecutor (County Law § 701). Specifically, the defendant, the deputy director of emergency services for Essex County, alleges that he cannot receive fair and equal treatment in being prosecuted for traffic violations because the District Attorney will no

Parness, J. (concurring). By a felony complaint dated July 27, 1997, defendant initially was charged, inter alia, with rape in the second degree, a class D felony, upon allegations that he engaged in sexual intercourse with the then 11-year-old complainant “against her will.” The felony rape charge was reduced on the People’s motion on September 11, 1997, and defendant ultimately was tried upon a misdemeanor informati

OPINION OF THE COURT Spolzino, J.P May a district attorney delegate the prosecution of a criminal action to an attorney retained by the complaining witness? If *62not, does the defendant’s remedy lie in a proceeding pursuant to CPLR article 78 in the nature of prohibition against the judge before whom the action is commenced? We conclude that such a

OPINION OF THE COURT Michael R Sonberg, J. Defendant, Louis Pignatello, is charged in an information with receiving unlawful gratuities, a class A misdemeanor, in violation of Penal Law § 200.35. The factual portion of the information alleges that, on or about October 29, 2004, in Bronx *834county, defendant, while an employee of the Department of

Cardona, P. J. Appeal from an amended judgment of the Supreme Court (Bradley, J.), entered January 11, 1994 in Albany County, which, in a proceeding pursuant to CPLR article 78, inter alia, granted respondent’s motion to dismiss the petition for failure to state a cause of action. In June 1992, petitioner filed a felony complaint in City of Albany Police Court charging Ellen Schwartz, the operator of Jet

OPINION OF THE COURT Richard M. Platkin, J. On May 23, 2013, Colin Donnaruma, Daniel Morrissey, Eric Catine and Timothy Holmes (collectively the Occupy petitioners) commenced a special proceeding (proceeding No. 1) pursuant to CPLR article 78, seeking to compel the Honorable William A. Carter to dismiss the criminal charges pending against them in Albany City Court. Judge Carter has filed an answer in opposi

OPINION OF THE COURT Lawrence Knipel, J. The instant proceeding is brought to compel the respondent, Raji Wilson, to participate in an identification lineup in connection with a pending criminal investigation. On January 14, 2002, a woman was forced off an elevator at knifepoint and then raped and sodomized. The victim subsequently selected a photograph of the respondent as that of the

OPINION OF THE COURT Angiolillo, J. Many district attorneys of counties in New York State, when faced with inadequate resources, have lawfully delegated their authority to prosecute Vehicle and Traffic Law cases to the police agencies which issue the tickets for those offenses. One such police agency, the Division of New York State Police (hereinafter the Division), adheres to a policy against plea bargai

OPINION OF THE COURT Marjorie L. Byrnes, J. Defendant was arrested on August 9, 2000, in the City of Rochester, and charged with aggravated unlicenced operation of a motor vehicle in the third degree (hereinafter AUOSrd), in violation of Vehicle and Traffic Law § 511 (1) (a). Defendant was thereafter arraigned on August 31, 2000. The accusatory instrument filed with the court consisted of a uniform traffi

OPINION OF THE COURT Rena K. Uviller, J. Defendant has been indicted for attempted murder and crim*477inal possession of a weapon in the second and third degrees. He has moved for inspection of the Grand Jury minutes. Having reviewed them, I conclude that the Assistant District Attorney (ADA) did not fulfill her duty as legal advisor to the Grand Jury

Bellacosa, J. (dissenting). We are satisfied that the trial court’s particularized assessment of the entire record evidence and circumstances and conditional termination of this prosecution do not rise to the level of error as a matter of law. Its *687conclusion that the integrity and fairness of this Grand Jury action was impaired by the manner and procedures with which th

*472OPINION OF THE COURT Per Curiam. Petitioner (James Curry), the Republican Party candidate, instituted this Election Law § 16-102 proceeding to remove respondent (Morrison Hosley) as a candidate on the November 7, 1995 ballot for the office of Hamilton County District Attorney. The sole issue before us i

OPINION OF THE COURT Kathryn M. Smith, J. The defendants are charged with nine counts alleging violations of sections 131.15 (a) and 3.09 of the New York City Health Code (24 RCNY), the Window Guard Law. The individual defendants move to dismiss all the counts contained in the information on two grounds. First, the defendants move to dismiss pursuant to CPL 170.30, contending that ther

OPINION OF THE COURT Harold Adler, J. During the sixth game of the 1996 baseball World Series more than 56,000 people were assembled at Yankee Stadium and millions were observing the game on television as the defendant allegedly ran shirtless onto the baseball field. On his bare torso were written two messages. On his chest and stomach was written "Howard Stern for President”. On his back was written "Guillia

OPINION OF THE COURT Harold Adler, J. This case involves some of the most volatile issues facing the criminal justice system, including matters of race, the difficulty *410of some courts to sustain any meaningful trial capacity and the common practice of prosecutors reducing charges on the eve or day of trial. This latter practice, sometimes resulting

OPINION OF THE COURT Joseph J. Maltese, J. This decision reviews the impact of the "speedy trial” laws on the prosecutor’s discretion to reduce charges in order to circumvent the defendant’s right to a trial by jury. FACTS The time frames at issue in this speedy trial decision are for the most part accepted by the prosecution and the defense. The defendant was arrested

OPINION OF THE COURT John V. Rogowski, J. This is a CPL article 440 motion by defendant to set aside his convictions in three drug-related cases. He contends that his constitutional right to effective representation by trial counsel was violated because the attorney assigned to handle his cases was, throughout the period of that representation, also a part-time town prosecutor designated as an Assistant D

*783OPINION OF THE COURT Martin Marcus, J. In this case the Grand Jury voted to indict the defendant on only one of three narcotics charges it was asked to consider. The defendant now argues that the charge for which he was indicted should be dismissed because the prosecutor did not offer the Grand Jury the alternative of indicting him for a lesser in