An appeals court has reversed a trial judge’s decision to dismiss an indictment in the interests of justice against a woman for improperly collecting $6,551 in unemployment benefits while she was employed. The Appellate Division, Third Department, in People v. Banks, 104830, found that Sullivan County Court Judge Frank LaBuda (See Profile) failed to both dismiss the indictment within the customary period for such actions and to properly explain how the prosecution or conviction of defendant Icelee Banks would “constitute or result in injustice.”
“There is nothing in the record before us that marks the prosecution of this defendant as extraordinary or one ‘which cries out for justice beyond the confines of conventional considerations,’” Justice E. Michael Kavanagh (See Profile) wrote for the court, quoting People v. Schellenbach, 67 AD3d 712 (2009). “Therefore, we find that County Court improvidently exercised its discretion in granting the motion and dismissing the indictment.”
