New York Court of Appeals

The People of the State of New York v. Steven Wingard, Earl Holmes, Larry G. Pullins, Harwyn Louie, Charles Waits…

November 15, 197333 N.Y.2d 192

Summary

The New York Court of Appeals held that the City Court judge acted within his statutory discretion to dismiss the informations in the interest of justice and reversed the County Court's restoration of the charges. The Court affirmed the dismissal despite the prosecutor and police absence. Justice Breitel dissented, arguing the appeal was not proper because it concerned discretionary review.