Home/New York Court of Appeals/People v. Ganett

People v. Ganett

417 N.E.2d 88, 51 N.Y.2d 991, 435 N.Y.S.2d 976, 1980 N.Y. LEXIS 2784
New York Court of Appeals·Decided November 20, 1980·Published·Cited by 30 cases

Opinion

[993]*993OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The defendant’s contention that the indictment was a blank authorization permitting the police to arrest any person whom they might choose is wholly without merit. It is obvious that the Grand Jury intended to indict the specific person who sold heroin to Petronella on March 12, 1976, that person having been identified to the Grand Jury as “Sabu Ganett”. This was the only reasonable interpretation to be drawn from the Grand Jury testimony of Petronella.

In these circumstances it was error for the trial court to deny the motion of the People to amend the indictment to substitute the name of Sabu Gary, the true name of the defendant, for Sabu Ganett.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Ganett, 417 N.E.2d 88, 51 N.Y.2d 991, 435 N.Y.S.2d 976, 1980 N.Y. LEXIS 2784 (N.Y. 1980).

417 N.E.2d 88 (People v. Ganett) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Manuel (Frank)
Appellate Terms of the Supreme Court of New York, 2017
People v. Iqbal
31 Misc. 3d 94 (Appellate Terms of the Supreme Court of New York, 2011)
People v. Martinez
52 A.D.3d 68 (Appellate Division of the Supreme Court of New York, 2008)
Tirado v. Senkowski
367 F. Supp. 2d 477 (W.D. New York, 2005)
Flores v. Keane
211 F. Supp. 2d 426 (S.D. New York, 2001)
People v. Ponce
276 A.D.2d 921 (Appellate Division of the Supreme Court of New York, 2000)
People v. Cedeno
252 A.D.2d 307 (Appellate Division of the Supreme Court of New York, 1999)
People v. Roman
665 N.E.2d 1050 (New York Court of Appeals, 1996)
People v. Mitchell
606 N.E.2d 1381 (New York Court of Appeals, 1992)
People v. Mulinar
185 A.D.2d 996 (Appellate Division of the Supreme Court of New York, 1992)
People v. Sloan
79 N.Y.2d 386 (New York Court of Appeals, 1992)
People v. Whitmore
177 A.D.2d 525 (Appellate Division of the Supreme Court of New York, 1991)
People v. Abushatara
176 A.D.2d 946 (Appellate Division of the Supreme Court of New York, 1991)
People v. Velasco
570 N.E.2d 1070 (New York Court of Appeals, 1991)
People v. Steele
171 A.D.2d 599 (Appellate Division of the Supreme Court of New York, 1991)
People v. Howard
167 A.D.2d 922 (Appellate Division of the Supreme Court of New York, 1990)
People v. Lesiuk
161 A.D.2d 21 (Appellate Division of the Supreme Court of New York, 1990)
People v. Dunlap
161 A.D.2d 1114 (Appellate Division of the Supreme Court of New York, 1990)
People v. Blake
158 A.D.2d 979 (Appellate Division of the Supreme Court of New York, 1990)
People v. Powell
153 A.D.2d 54 (Appellate Division of the Supreme Court of New York, 1989)