People v. Manupelli

In People v. Manupelli, 22 Misc 3d 67, 877 N.Y.S.2d 599 (App. Trm. 9th & 10th Dists. 2008), the court held that it is improper to grant a defendant's motion, pursuant to CPLR 3211(a)(7) in a criminal case. The court went on to state: "The authority of a criminal court to dismiss an information pursuant to a pretrial motion (see CPL 170.30) does not include a motion for accelerated judgment available to civil court litigants (see CPLR 3211, 3212), and, in any event, the court had no authority to dismiss an accusatory instrument on the ground that, in its view, the People could not produce sufficient evidence to prevail at trial." Id., at 68.