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People v. McCarter, Gordon

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1983
97 A.D.2d 852 (N.Y. App. Div. 1983)

Opinion

November 28, 1983


Appeals by the People from (1) a decision of the Supreme Court, Queens County (Sharpe, J.), dated February 20, 1981, which stated that that branch of defendant McCarter's pretrial motion which sought dismissal of indictment No. 3021/80 against him should be granted, and (2) an order of the same court, dated February 20, 1981, which granted that branch of defendant Gordon's pretrial motion which sought dismissal of indictment No. 3025/80 against him. Appeal from the decision dismissed. No appeal lies from a decision. Further, no order was entered on that decision. Order reversed, on the law, that branch of defendant Gordon's pretrial motion as sought dismissal of the indictment denied, indictment reinstated and matter remitted to the Supreme Court, Queens County, for further proceedings. The proof before the Grand Jury was legally sufficient to establish the offenses charged (CPL 190.65, subd 1; 210.20, subd 1, par [b]). At the accusatory stage, legally sufficient evidence is prima facie evidence, not proof beyond a reasonable doubt ( People v Mayo, 36 N.Y.2d 1002, 1004; People v Porter, 75 A.D.2d 901). Bracken, J.P., Brown, Niehoff and Boyers, JJ., concur.


Summaries of

People v. McCarter, Gordon

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1983
97 A.D.2d 852 (N.Y. App. Div. 1983)
Case details for

People v. McCarter, Gordon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DALE McCARTER and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 28, 1983

Citations

97 A.D.2d 852 (N.Y. App. Div. 1983)

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