People v. Dexter 94 N.Y.2d 847, 724 NE2d 759, 703 NYS2d 64

94 N.Y.2d 847 • 724 NE2d 759 • 703 NYS2d 64

[724 NE2d 759, 703 NYS2d 64]

The People of the State of New York, Respondent, v Darnell W. Dexter, Appellant.

Argued November 17, 1999;

decided December 20, 1999

*848APPEARANCES OF COUNSEL

Hiscock Legal Aid Society, Syracuse (Philip Rothschild of counsel), for appellant.

William J. Fitzpatrick, District Attorney of Onondaga County, Syracuse (Victoria M. Anthony and James P. Maxwell of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*849Defendant’s own alternative request at Supreme Court that the original indictment be reinstated precludes this Court from reaching his current primary contention that Supreme Court did not have the authority to vacate the order dismissing the original indictment (CPL 470.05 [2]). The remainder of defendant’s contentions are either unpreserved, nonreviewable or meritless.

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Order affirmed in a memorandum.

People v. Dexter
94 N.Y.2d 847 • 724 NE2d 759 • 703 NYS2d 64

Case Details

Name
People v. Dexter
Decision Date
Dec 20, 1999
Citations

94 N.Y.2d 847

724 NE2d 759

703 NYS2d 64

Jurisdiction
New York
Court
New York Court of Appeals

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