People v. R.V.

Summary

The Appellate Division, First Department, unanimously affirmed an order dismissing the indictment against the defendant in furtherance of justice under CPL 210.40. The court held that the lower court providently exercised its discretion, noting that the defendant purchased a false COVID-19 vaccination card to maintain employment as an essential worker and that his conduct caused no specific or societal harm.

Holdings

1. Supreme Court providently exercised its discretion in dismissing the indictment in furtherance of justice after considering the relevant CPL 210.40 factors.

Questions Presented

1. Whether Supreme Court providently exercised its discretion under CPL 210.40 by dismissing the indictment against defendant in furtherance of justice.

Disposition

affirmed