People v. Garrett
Docket KA 24-01571.
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Criminal Appeal
- Disposition
- Remanded
- Citation
- 2026 NY Slip Op 02595
- Docket
- KA 24-01571.
Defendant-appellant filed a motion to dismiss his appeal; the Appellate Division reviewed and granted that motion.
Summary
The Appellate Division, Fourth Department, granted the defendant's motion to dismiss his appeal in People v Garrett and remitted the matter to Supreme Court, Erie County, with instructions to vacate the judgment of conviction and dismiss the indictment. The court cited People v Matteson as governing authority for the appropriate remedy. The decision is a brief memorandum and order resolving only the procedural motion to dismiss the appeal and directing the trial court to take further action consistent with precedent.
Issues Decided
- Whether the defendant's motion to dismiss his appeal should be granted
- Whether, following dismissal of the appeal, the appropriate remedy is to remit the matter to the trial court to vacate the conviction and dismiss the indictment under People v Matteson
Court's Reasoning
The court granted the motion to dismiss the appeal and relied on People v Matteson as the controlling precedent dictating that, when appropriate under the circumstances, the case should be returned to the trial court for vacation of the conviction and dismissal of the indictment. Because the memorandum and order follows that authority, the Appellate Division remitted the matter to Supreme Court, Erie County to implement that remedy.
Authorities Cited
- People v Matteson75 NY2d 745 (1989)
Parties
- Respondent
- The People of the State of New York
- Defendant-Appellant
- Marques Garrett
Key Dates
- Decision date
- 2026-04-24
What You Should Do Next
- 1
Remand implementation
Supreme Court, Erie County should vacate the judgment of conviction and enter an order dismissing the indictment in accordance with the Appellate Division's remittal and People v Matteson.
- 2
Prosecution review
The prosecution should review the basis for dismissal and determine whether any administrative or charging decisions should follow from dismissal of the indictment.
- 3
Defendant counsel confirmation
Defense counsel should confirm with the trial court that the judgment has been vacated and the indictment dismissed and obtain certified orders reflecting those actions.
Frequently Asked Questions
- What did the court decide?
- The court granted the defendant's motion to dismiss his appeal and sent the case back to the trial court to vacate the conviction and dismiss the indictment.
- Who is affected by this decision?
- The defendant, Marques Garrett, and the prosecution in Erie County are affected because the conviction is to be vacated and the indictment dismissed.
- What happens next in the case?
- The Appellate Division remitted the matter to Supreme Court, Erie County, which must vacate the judgment of conviction and dismiss the indictment as directed.
- Can this decision be appealed?
- This is an Appellate Division order disposing of a motion; further appellate review may be limited, and any request for additional review would typically be pursued by permission to the Court of Appeals under the applicable rules.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
People v Garrett - 2026 NY Slip Op 02595 People v Garrett 2026 NY Slip Op 02595 April 24, 2026 Appellate Division, Fourth Department THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v MARQUES GARRETT, DEFENDANT-APPELLANT. Decided on April 24, 2026 KA 24-01571. Present: Whalen, P.J., Lindley, Curran, Bannister, And Montour, JJ. (Filed Apr. 24, 2026.) MEMORANDUM AND ORDER Motion to dismiss appeal granted. Matter remitted to Supreme Court, Erie County, to vacate judgment of conviction and dismiss indictment ( see People v Matteson , 75 NY2d 745, 747 [1989]).