People v. Horstman

Appellate Division of the Supreme Court of New York

People v. Horstman

112 A.D.2d 20, 490 N.Y.S.2d 385, 1985 N.Y. App. Div. LEXIS 50653

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

DecidedJune 4, 1985

StatusPublished

This text of 112 A.D.2d 20 (People v. Horstman) 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. Horstman, 112 A.D.2d 20, 490 N.Y.S.2d 385, 1985 N.Y. App. Div. LEXIS 50653 (N.Y. Ct. App. 1985).

Pincite

Opinion

Order dismissing first count of indictment unanimously reversed, on the law, and count reinstated. Memorandum: The court erred in dismissing the first count of the indictment. "The proper purpose of an indictment is to bring a defendant to trial upon a prima facie case which, if unexplained, would warrant a conviction” (People v Brewster, 63 NY2d 419, 422). We have reviewed the evidence before the Grand Jury and find that it was legally sufficient to establish that the defendants committed the crime of promoting prostitution in the third degree in violation of Penal Law § 230.25 (1) (CPL 190.65 [1]). (Appeal from order of Onondaga County Court, Burke, J. — dismiss indictment.) Present — Dillon, P. J., Boomer, Green, Pine and Schnepp, JJ.

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Order dismissing first count of indictment unanimously reversed, on the law, and count reinstated. Memorandum: The court erred in dismissing the first count of the indictment. "The proper purpose of an indictment is to bring a defendant to trial upon a prima facie case which, if unexplained, would warrant a conviction” (People v Brewster, 63 NY2d 419, 422). We have reviewed the evidence before the Grand Jury and find that it was legally sufficient to establish that the defendants committed the crime of promoting prostitution in the third degree in violation of Penal Law § 230.25 (1) (CPL 190.65 [1]). (Appeal from order of Onondaga County Court, Burke, J. — dismiss indictment.) Present — Dillon, P. J., Boomer, Green, Pine and Schnepp, JJ.

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Bluebook (online)

112 A.D.2d 20, 490 N.Y.S.2d 385, 1985 N.Y. App. Div. LEXIS 50653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-horstman-nyappdiv-1985.

Opinion

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