People v. Boone

Appellate Division of the Supreme Court of New York

People v. Boone

93 A.D.2d 822, 460 N.Y.S.2d 1017, 1983 N.Y. App. Div. LEXIS 17665

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 4, 1983

StatusPublished

This text of 93 A.D.2d 822 (People v. Boone) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Boone, 93 A.D.2d 822, 460 N.Y.S.2d 1017, 1983 N.Y. App. Div. LEXIS 17665 (N.Y. Ct. App. 1983).

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Opinion

— Appeal by the People from an order of the Supreme Court, Queens County (Leahy, J.), dated January 13,1982, which granted that part of defendant’s motion which was to dismiss the indictment against her. Order reversed, on the law, motion denied insofar as it was to dismiss the indictment, indictment reinstated, and matter remitted to the Supreme Court, Queens County, for further proceedings. The evidence before the Grand Jury was legally sufficient to establish that the defendant committed the offenses set forth in the indictment (see CPL 190.65, subd 1); and the Assistant District Attorney’s instructions sufficiently apprised the Grand Jury of the necessary elements of the counts charged (see People v Calbud, Inc., 49 NY2d 389). Dismissal of the indictment was therefore unwarranted. Laser, J. P., Gulotta, Weinstein and Rubin, JJ., concur.

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— Appeal by the People from an order of the Supreme Court, Queens County (Leahy, J.), dated January 13,1982, which granted that part of defendant’s motion which was to dismiss the indictment against her. Order reversed, on the law, motion denied insofar as it was to dismiss the indictment, indictment reinstated, and matter remitted to the Supreme Court, Queens County, for further proceedings. The evidence before the Grand Jury was legally sufficient to establish that the defendant committed the offenses set forth in the indictment (see CPL 190.65, subd 1); and the Assistant District Attorney’s instructions sufficiently apprised the Grand Jury of the necessary elements of the counts charged (see People v Calbud, Inc., 49 NY2d 389). Dismissal of the indictment was therefore unwarranted. Laser, J. P., Gulotta, Weinstein and Rubin, JJ., concur.

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Bluebook (online)

93 A.D.2d 822, 460 N.Y.S.2d 1017, 1983 N.Y. App. Div. LEXIS 17665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boone-nyappdiv-1983.

Opinion

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