People v. Banks

Defendant was convicted, after jury trial, of 4 counts of unlawful delivery of a controlled substance. Court erred in denying Defendant's motion to dismiss indictment based on a violation of his cooperation agreement with the police. Defendant's due process rights were violated when police breached the cooperation agreement, which Defendant relied upon to his detriment. Without warning or notice of dissatisfaction with Defendant's performance, Defendant was arrested, and policy thus made it impossible for Defendant to complete his performance. As police, not Defendant, breached the agreement, Defendant was entitled to dismissal of indictment. (HUTCHINSON and ZENOFF, concurring.)