People v. Colona

Appellate Division of the Supreme Court of New York

People v. Colona

76 A.D.2d 912, 432 N.Y.S.2d 856, 1980 N.Y. App. Div. LEXIS 12007

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

DecidedJune 23, 1980

StatusPublished

This text of 76 A.D.2d 912 (People v. Colona) 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. Colona, 76 A.D.2d 912, 432 N.Y.S.2d 856, 1980 N.Y. App. Div. LEXIS 12007 (N.Y. Ct. App. 1980).

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Opinion

Appeal by the People from an order of the County Court, Suffolk County, dated October 16, 1979, which granted the defendant’s motion to dismiss an indictment charging her with attempted assault in the first degree and endangering the welfare of an incompetent person. Order reversed, on the law, and case remitted to the County Court for further proceedings consistent herewith. Under the circumstances herein, collateral estoppel may not be invoked to bar the instant criminal proceedings (see People v Klein, 76 AD2d 913). However, in view of the County Court’s failure to address itself to those branches of the defendant’s motion which sought to dismiss the indictment (1) in the interests of justice and (2) due to insufficient evidence before the Grand Jury, we remit the case for a determination of these issues. Rabin, J. P., Gulotta, Cohalan and Margett, JJ., concur.

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Appeal by the People from an order of the County Court, Suffolk County, dated October 16, 1979, which granted the defendant’s motion to dismiss an indictment charging her with attempted assault in the first degree and endangering the welfare of an incompetent person. Order reversed, on the law, and case remitted to the County Court for further proceedings consistent herewith. Under the circumstances herein, collateral estoppel may not be invoked to bar the instant criminal proceedings (see People v Klein, 76 AD2d 913). However, in view of the County Court’s failure to address itself to those branches of the defendant’s motion which sought to dismiss the indictment (1) in the interests of justice and (2) due to insufficient evidence before the Grand Jury, we remit the case for a determination of these issues. Rabin, J. P., Gulotta, Cohalan and Margett, JJ., concur.

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Bluebook (online)

76 A.D.2d 912, 432 N.Y.S.2d 856, 1980 N.Y. App. Div. LEXIS 12007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-colona-nyappdiv-1980.

Opinion

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