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People v. Shaw

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1985
111 A.D.2d 835 (N.Y. App. Div. 1985)

Opinion

June 10, 1985

Appeal from the Supreme Court, Queens County (Rotker, J.).


Order reversed, on the law, defendant's motion to dismiss the indictment denied, indictment reinstated, and matter remitted to Criminal Term for further proceedings.

We find that the evidence before the Grand Jury was legally sufficient to support the indictment (CPL 70.10, 190.65 Crim. Proc., 210.20 Crim. Proc. [1] [b]; see, People v. Brewster, 63 N.Y.2d 419; People v. Mayo, 36 N.Y.2d 1002). A police officer testified that he had caused a comparison to be made between latent fingerprints found at the crime scene and defendant's fingerprints and that the comparison resulted in a finding that the latent prints matched those of defendant. In further support thereof, the People submitted a certified copy of the police latent print comparison examination report (CPL 190.30). There was no need for the police officer to further testify as to where he had obtained defendant's fingerprints ( see, People v. Brewster, supra, p 423). "In the context of the Grand Jury procedure, legally sufficient means prima facie, not proof beyond a reasonable doubt" ( People v Mayo, supra, p 1004).

Accordingly, the indictment should be reinstated. Mollen, P.J., Rubin, Lawrence and Kunzeman, JJ., concur.


Summaries of

People v. Shaw

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1985
111 A.D.2d 835 (N.Y. App. Div. 1985)
Case details for

People v. Shaw

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. EDWARD SHAW, Respondent

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

Date published: Jun 10, 1985

Citations

111 A.D.2d 835 (N.Y. App. Div. 1985)

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