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People v. Wilkens

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1991
176 A.D.2d 978 (N.Y. App. Div. 1991)

Opinion

October 28, 1991

Appeal from the County Court, Nassau County (Baker, J.).


Ordered that the judgment is affirmed.

We disagree with the defendant's contention that the police procedures used in the present case were so egregious that they violated principles of due process, requiring dismissal of the indictment against him pursuant to CPL 210.20 (1) (h) (see, People v. Isaacson, 44 N.Y.2d 511, 521). The defendant's contention that the charges against him must be dismissed because the original accusatory instrument was defective is without merit, since that accusatory instrument was superseded by a valid indictment. It is well settled that the Grand Jury has broad power to indict a defendant upon its independent determination that there is legally sufficient evidence that crimes have been committed and reasonable cause to believe that the defendant committed the crimes charged (CPL 100.15; 100.40 [4] [b]; People v. Wicks, 76 N.Y.2d 128, 133; Matter of Vega v. Bell, 47 N.Y.2d 543, 549). Bracken, J.P., Sullivan, O'Brien and Ritter, JJ., concur.


Summaries of

People v. Wilkens

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1991
176 A.D.2d 978 (N.Y. App. Div. 1991)
Case details for

People v. Wilkens

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL WILKENS…

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

Date published: Oct 28, 1991

Citations

176 A.D.2d 978 (N.Y. App. Div. 1991)
575 N.Y.S.2d 582

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