People v. Butts

Appellate Division of the Supreme Court of New York

People v. Butts

262 A.D.2d 653, 692 N.Y.S.2d 685, 1999 N.Y. App. Div. LEXIS 7614

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

DecidedJune 28, 1999

StatusPublished

This text of 262 A.D.2d 653 (People v. Butts) 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. Butts, 262 A.D.2d 653, 692 N.Y.S.2d 685, 1999 N.Y. App. Div. LEXIS 7614 (N.Y. Ct. App. 1999).

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Opinion

—Appeal by the People from an order of the Supreme Court, Kings County (Marrus, J.), dated May 28, 1998, which dismissed counts one through six of the indictment, charging the defendant with murder in the first degree, upon the ground that the evidence presented to the Grand Jury was legally insufficient.

Ordered that the order is reversed, on the law, counts one through six of the indictment charging the defendant with [654]*654murder in the first degree are reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings.

A Grand Jury may indict when there is competent evidence before it that is legally sufficient to establish that the defendant committed the offense charged (see, CPL 70.10 [1]; People v Hajdnak, 169 AD2d 842). We find that the evidence presented to the Grand Jury in this case, when viewed in the light most favorable to the People (see, People v Swamp, 84 NY2d 725, 730), was legally sufficient to establish that the defendant caused the death of the victims.

Accordingly, we reverse the order appealed from and counts one through six of the indictment are reinstated. S. Miller, J. P., Joy, H. Miller and Feuerstein, JJ., concur. [See, 178 Misc 2d 560.]

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—Appeal by the People from an order of the Supreme Court, Kings County (Marrus, J.), dated May 28, 1998, which dismissed counts one through six of the indictment, charging the defendant with murder in the first degree, upon the ground that the evidence presented to the Grand Jury was legally insufficient.

Ordered that the order is reversed, on the law, counts one through six of the indictment charging the defendant with [654]*654murder in the first degree are reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings.

A Grand Jury may indict when there is competent evidence before it that is legally sufficient to establish that the defendant committed the offense charged (see, CPL 70.10 [1]; People v Hajdnak, 169 AD2d 842). We find that the evidence presented to the Grand Jury in this case, when viewed in the light most favorable to the People (see, People v Swamp, 84 NY2d 725, 730), was legally sufficient to establish that the defendant caused the death of the victims.

Accordingly, we reverse the order appealed from and counts one through six of the indictment are reinstated. S. Miller, J. P., Joy, H. Miller and Feuerstein, JJ., concur. [See, 178 Misc 2d 560.]

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Bluebook (online)

262 A.D.2d 653, 692 N.Y.S.2d 685, 1999 N.Y. App. Div. LEXIS 7614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-butts-nyappdiv-1999.

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