People v. Ardito — 58 N.Y.2d 842

Majority

p. 842

The People of the State of New York, Appellant, v John Gregory Ardito, Respondent.

Argued January 5, 1983;

decided February 8, 1983

p. 843

APPEARANCES OF COUNSEL

Mario Merola, District Attorney (Steven R. Kartagener and Alan D. Marrus of counsel), for appellant.

Arnold D. Roseman and Peter J. Peluso for respondent.

OPINION OF THE COURT

Order affirmed for the reasons stated in the opinion by Justice John Carro at the Appellate Division ( 86 AD2d 144 ). In addition, we note that the District Attorney conceded on oral argument that there is no remaining evidence which would support a conviction of the defendant and therefore dismissal of the indictment is appropriate (cf. People v Bouton, 50 NY2d 130 , 136; People v Malagon, 50 NY2d 954 ).

p. 844

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons.

Cases cited

People v. Ardito 86 AD2d 144 N.Y. App. Div. 1982-04-15 p. 843
People v. Bouton 50 NY2d 130 N.Y. 1980-04-29 at 136 p. 843
People v. Malagon 50 NY2d 954 N.Y. 1980-06-24 p. 843