People v. Samuel

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ALVIN SAMUEL, Respondent

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

Date published: Jan 21, 1997

235 A.D.2d 506 (N.Y. App. Div. 1997)

652 N.Y.S.2d 985

Opinion

January 21, 1997.

Appeal by the People from an order of the Supreme Court, Queens County (Berke, J.), dated December 5, 1994, which granted the defendant's motion to dismiss the indictment upon the ground that the evidence presented to the Grand Jury was legally insufficient.

Before: Rosenblatt, J. P., Pizzuto and Goldstein, JJ.

Ordered that the order is reversed, on the law, the motion is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings.

We reverse for reasons stated in People v Washington ( 228 AD2d 23 [decided herewith]).

Friedmann, J., dissents and votes to affirm with the following memorandum: I would affirm for reasons stated in my dissent in People v Washington ( 228 AD2d 23 [decided herewith]).