PEOPLE v. R.V., Defendant–Respondent. (2025)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Appellant, v. R.V., Defendant–Respondent.

5429

Decided: December 18, 2025

Kern, J.P., Scarpulla, Friedman, Shulman, Rosado, JJ.

Alvin L. Bragg, Jr., District Attorney, New York (David Gagne of counsel), for appellant. Caprice R. Jenerson, Office of the Appellate Defender, New York (Ronald Zapata of counsel), for respondent.

Order, Supreme Court, New York County (Brendan T. Lantry, J.), entered on or about January 31, 2024, which granted defendant's CPL 210.40 motion to dismiss the indictment as against him in furtherance of justice, unanimously affirmed.

After considering the relevant factors set forth in CPL 210.40, the court providently exercised its discretion in dismissing the indictment in furtherance of justice (see People v. Colon, 86 N.Y.2d 861, 863, 635 N.Y.S.2d 165, 658 N.E.2d 1038 [1995]; People v. Rickert, 58 N.Y.2d 122, 128, 459 N.Y.S.2d 734, 446 N.E.2d 419 [1983]). Among other things, the court recognized that defendant purchased the false Covid–19 vaccination card to maintain his employment during the pandemic, where he served as an essential worker during its worst days. Moreover, the court properly found that defendant's actions caused no specific or societal harm.

We have considered the People's remaining arguments and find them unavailing.

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