New York Court of Appeals
The People of the State of New York, Appellant v. Thomas Jackson, Respondent
April 4, 199687 N.Y.2d 782
Summary
The Court answered two statutory questions under CPL 210.20(6). First, it held that the People’s failure to act within the 30‑day stay does not require dismissal of the reduced count, allowing prosecution to continue on that count. Second, it held that the People may not resubmit the higher count after 30 days without first obtaining court permission upon a showing of good cause. The appellate division's order was affirmed.