Can a defendant continue to be a defendant even after the trial has ended?

"New York", United States of America

The following excerpt is from People v. Smith, 365 N.Y.S.2d 317, 81 Misc.2d 926 (N.Y. App. Term 1974):

'It is only in the event that an indictment or a count therein, or an information is dismissed, and such a ruling persists to and beyond the end of the proceedings or trial, that a defendant may be

Page 322

(People v. Lemmons, 270 App.Div. 828, 60 N.Y.S.2d 178).

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