Is a technicality sufficient to prevent a criminal prosecution from proceeding?
"New York", United States of America
The following excerpt is from People v. Greenberg, 168 Misc.2d 517, 647 N.Y.S.2d 366 (N.Y. App. Term 1996):
No legal principle or public policy consideration is furthered by the result urged by defendant and reached by the trial court--dismissal of an otherwise viable criminal prosecution "on a technicality without social significance or impact, except that obnoxious significance which empty technicalities enjoy." (People v. Moore, supra, 46 N.Y.2d 1, 11, 412 N.Y.S.2d 795, 385 N.E.2d 535 [Jasen, J. dissenting].
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