| People v R.V. |
| 2025 NYSlipOp 07110 [244 AD3d 600] |
| December 18, 2025 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Appellant, v R.V., Respondent. |
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.
Crimes
- Indictment
- Dismissal in Interest of Justice
- No Specific or Societal Harm
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 NY2d 861, 863 [1995]; People v Rickert, 58 NY2d 122, 128 [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. Concur—Kern, J.P., Scarpulla, Friedman, Shulman, Rosado, JJ.