Court of Appeals of New York

No statutory basis exists for the government's appeal of dismissal of a complaint under CPL 140.45, where an accusatory instrument filed pursuant to warrantless arrest provisions is facially insufficient and the "court is satisfied that on the basis of the available facts or evidence it would be impossible to draw and file" a sufficient accusatory instrument.

Appellate Information

• Decided 05/07/2002
• Published 05/07/2002

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Court

• Court of Appeals of New York

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