People v. Wachter

Appellate Division of the Supreme Court of New York

People v. Wachter

64 A.D.2d 1012, 409 N.Y.S.2d 290, 1978 N.Y. App. Div. LEXIS 13020

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

DecidedSeptember 22, 1978

StatusPublished

Cited by1 cases

This text of 64 A.D.2d 1012 (People v. Wachter) 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. Wachter, 64 A.D.2d 1012, 409 N.Y.S.2d 290, 1978 N.Y. App. Div. LEXIS 13020 (N.Y. Ct. App. 1978).

Pincite

Opinion

—Order unanimously reversed and indictment reinstated. Memorandum: The People appeal from an order dismissing the indictment against defendant for insufficiency and denying his motion to resubmit the matter to the Grand Jury. Defendant was charged with criminal sale of a controlled substance in the sixth degree and criminal possession of a controlled substance in the sixth degree. There was evidence before the Grand Jury by a police undercover agent that defendant sold him two tinfoil packages which were thereafter delivered to the laboratory for analysis and which it was proved contained methamphetamine. This testimony, if accepted by the Grand Jury, was sufficient to support the indictment under the applicable statute (see Penal Law, §§ 220.31, 220.06, subd 1; § 220.00, subd 5) and the People, having established a prima facie case, were entitled to a trial of the indictment (see People v Potwora, 44 AD2d 207, 210). Furthermore, even if the court believed the testimony was fatally "conclusory”, it was an abuse of discretion to deny the District Attorney’s application to resubmit the matter to the Grand Jury (CPL 210.20, subd 4). (Appeal from order of Erie Supreme Court—dismiss indictment.) Present— Marsh, P. J., Moule, Simons, Schnepp and Witmer, JJ.

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

—Order unanimously reversed and indictment reinstated. Memorandum: The People appeal from an order dismissing the indictment against defendant for insufficiency and denying his motion to resubmit the matter to the Grand Jury. Defendant was charged with criminal sale of a controlled substance in the sixth degree and criminal possession of a controlled substance in the sixth degree. There was evidence before the Grand Jury by a police undercover agent that defendant sold him two tinfoil packages which were thereafter delivered to the laboratory for analysis and which it was proved contained methamphetamine. This testimony, if accepted by the Grand Jury, was sufficient to support the indictment under the applicable statute (see Penal Law, §§ 220.31, 220.06, subd 1; § 220.00, subd 5) and the People, having established a prima facie case, were entitled to a trial of the indictment (see People v Potwora, 44 AD2d 207, 210). Furthermore, even if the court believed the testimony was fatally "conclusory”, it was an abuse of discretion to deny the District Attorney’s application to resubmit the matter to the Grand Jury (CPL 210.20, subd 4). (Appeal from order of Erie Supreme Court—dismiss indictment.) Present— Marsh, P. J., Moule, Simons, Schnepp and Witmer, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

64 A.D.2d 1012, 409 N.Y.S.2d 290, 1978 N.Y. App. Div. LEXIS 13020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wachter-nyappdiv-1978.

Opinion

Related

Cite This Page — Counsel Stack