People v. Wess

Appellate Division of the Supreme Court of New York

People v. Wess

32 A.D.2d 972, 303 N.Y.S.2d 498, 1969 N.Y. App. Div. LEXIS 3363

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

DecidedJuly 14, 1969

StatusPublished

This text of 32 A.D.2d 972 (People v. Wess) 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. Wess, 32 A.D.2d 972, 303 N.Y.S.2d 498, 1969 N.Y. App. Div. LEXIS 3363 (N.Y. Ct. App. 1969).

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Opinion

Appeal from an order of the Supreme Court, Kings County, dated October 13, 1967, which granted defendant’s motion to dismiss the indictment. Order reversed, on the law, and motion denied. No questions of fact were considered. The evidence before the Grand Jury, if believed, states a prima facie case to support the indictment and, therefore, the dismissal of the indictment was erroneous. Christ, Acting P. J., Brennan and Hopkins, JJ., concur; Rabin and Kleinfeld, JJ., dissent and vote to affirm the order.

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Appeal from an order of the Supreme Court, Kings County, dated October 13, 1967, which granted defendant’s motion to dismiss the indictment. Order reversed, on the law, and motion denied. No questions of fact were considered. The evidence before the Grand Jury, if believed, states a prima facie case to support the indictment and, therefore, the dismissal of the indictment was erroneous. Christ, Acting P. J., Brennan and Hopkins, JJ., concur; Rabin and Kleinfeld, JJ., dissent and vote to affirm the order.

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Bluebook (online)

32 A.D.2d 972, 303 N.Y.S.2d 498, 1969 N.Y. App. Div. LEXIS 3363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wess-nyappdiv-1969.